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AAO EB-1A decision APR302013_03B2203: Appeal timeliness

AAO EB-1A decision APR302013_03B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision APR302013_03B2203: Appeal rejected as improperly filed; no appeal lies from abandonment denial. Review source…

Decision summary: AAO decision APR302013_03B2203: Appeal rejected as improperly filed; no appeal lies from abandonment denial. Director denied petition for abandonment after petitioner did not submit requested evidence; regulations preclude an appeal from abandonment denial. Independently, first Form I-290B was unsigned and did not retain filing date; properly signed form was received 38 days after decision.

Source limitation: The review record contains a source hold or limitation. Read the limitation below before relying on any case detail; unresolved facts are not treated as findings.

Scope classification from review: in_scope_EB1A_AAO_decision_precedent_status_not_marked_on_face. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

APR302013_03B2203

Decision date as printed

April 30, 2013

Classification / field stated in source

Journalism.

Procedural posture

Texas Service Center denied I-140 for abandonment after petitioner did not respond to a request for evidence; appeal rejected because no appeal lies from abandonment denial and was independently untimely.

Operative disposition

Appeal rejected as improperly filed; no appeal lies from abandonment denial.

Final-merits status

Not reached

What the AAO decision addressed

Director denied petition for abandonment after petitioner did not submit requested evidence; regulations preclude an appeal from abandonment denial. Independently, first Form I-290B was unsigned and did not retain filing date; properly signed form was received 38 days after decision.

Criterion-by-criterion status in this source

These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.

Criterion

Source-review status

Awards

Not reached — source PDF

Membership

Not reached
This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

Published material about the person

Not reached — source PDF

Judging the work of others

Not reached
This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

Original contributions of major significance

Not reached
This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

Scholarly authorship

Not reached
This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

Artistic display or showcases

Not reached
This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

Leading or critical role

Not reached
This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

High salary or remuneration

Not reached
This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

Commercial success in the performing arts

Not reached
This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

Source holds and limits

status:

Specific caveats recorded by the reviewer

  • The petition was denied for abandonment; AAO did not adjudicate EB-1A criteria.

Source-cited findings recorded in review

  • claim: Cover identifies April 30, 2013; Texas Service Center; EB-1A I-140.; pages: 1

  • claim: Petitioner sought extraordinary ability as a journalist; director denied the case for abandonment after requested evidence was not submitted.; pages: 2

  • claim: Director correctly stated no appeal lies from an abandonment denial, but counsel checked the appeal box.; pages: 2

  • claim: Director decision issued October 29, 2012; November 28 filing was rejected as improperly signed; properly signed Form I-290B was resubmitted December 6, 38 days after decision.; pages: 2

  • claim: AAO rejected the appeal as improperly filed and untimely.; pages: 2

How this record may be used in research

Comparison scope: narrow_procedural_explainer_only

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

How to use this record

This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

Related corpus research

  • Full-corpus research index

  • Membership research

  • Judging the work of others research

  • Original contributions of major significance research

  • Scholarly authorship research

  • Artistic display or showcases research

  • Leading or critical role research

  • High salary or remuneration research

  • Commercial success in the performing arts research

  • Untimely research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for APR302013_03B2203