AAO research
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 |
Published material about the person | Not reached — source PDF |
Judging the work of others | Not reached |
Original contributions of major significance | Not reached |
Scholarly authorship | Not reached |
Artistic display or showcases | Not reached |
Leading or critical role | Not reached |
High salary or remuneration | Not reached |
Commercial success in the performing arts | Not reached |
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
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