AAO research

AAO EB-1A decision DEC072009_01B2203: Appeal timeliness

AAO EB-1A decision DEC072009_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision DEC072009_01B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…

Decision summary: AAO decision DEC072009_01B2203: Appeal rejected as untimely filed. The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.

Scope classification from review: in_scope_procedural_eb1a_decision. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

DEC072009_01B2203

Decision date as printed

Not stated in normalized review fields

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: Appeal rejected as untimely filed. The appeal was received 36 days after the Director decision, beyond the 33-day mailed-decision deadline, and did not satisfy motion requirements.; citation_pages: 1; 2; classification: Appeal rejected as untimely; director_findings: Director denied May 18, 2009 and provided 33 days to appeal. Counsel dated the appeal June 16, postmarked June 19, and it was received June 23, 36 days after the decision. AAO found it untimely and not qualifying as a motion to reopen or reconsider; rejected.

Operative disposition

{'outcome': 'Appeal rejected as untimely filed.', 'basis': 'The appeal was received 36 days after the Director decision, beyond the 33-day mailed-decision deadline, and did not satisfy motion requirements.', 'citation_pages': [1, 2]}

Final-merits status

Not reached

What the AAO decision addressed

The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

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 — source PDF

Published material about the person

Not reached — source PDF

Judging the work of others

Not reached — source PDF

Original contributions of major significance

Not reached — source PDF

Scholarly authorship

Not reached — source PDF

Artistic display or showcases

Not coded — source PDF

Leading or critical role

Not reached — source PDF

High salary or remuneration

Not reached — source PDF

Commercial success in the performing arts

Not reached — source PDF

How this record may be used in research

Comparison scope: {‘fit’: ‘untimely_appeal’, ‘aggregation_valid’: True, ‘use’: ‘Procedural grouping with ordinary late appeals; retain dated, postmarked, and received-date distinctions.’, ‘do_not_claim’: [‘Do not treat an appeal dismissal or procedural rejection as approval or a substantive criterion precedent.’, ‘Do not infer individual criterion results beyond the exact states expressly described.’, ‘Do not treat a remand as approval or as resolution of the Remanded issue.’, ‘Do not treat an explicitly nonprecedent decision as binding authority.’], ‘caveat’: ‘No AAO criterion merits review.’}

Page-level source trail

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

Open the official USCIS decision PDF. Page-specific citations were not available in the normalized row.

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

  • Untimely research

  • Remand research

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

Primary source

Official USCIS AAO decision PDF for DEC072009_01B2203