AAO research

AAO EB-1A decision DEC142011_01B2203: Appeal timeliness

AAO EB-1A decision DEC142011_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision DEC142011_01B2203: Appeal rejected as improperly filed; the decision also notes it was untimely. Review source…

Decision summary: AAO decision DEC142011_01B2203: Appeal rejected as improperly filed; the decision also notes it was untimely. 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

DEC142011_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 improperly filed; the decision also notes it was untimely. The appeal was filed by a person/entity not entitled to file it; additionally, it arrived 38 days after the Director decision, beyond 33 days.; citation_pages: 1; 2; classification: appeal_rejected_as_improperly_filed_and_untimely; director_findings: Director issued decision May 24, 2010. Beneficiary filed Form I-290B July 1, 38 days later; AAO noted the beneficiary signed it but the attorney/entity named as representative was not authorized to represent individuals in immigration proceedings. Because the person filing lacked legal standing, appeal was improperly filed and rejected without refund; it was also untimely as an alternative basis.

Operative disposition

{'outcome': 'Appeal rejected as improperly filed; the decision also notes it was untimely.', 'basis': 'The appeal was filed by a person/entity not entitled to file it; additionally, it arrived 38 days after the Director decision, beyond 33 days.', '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': 'standing_and_untimely_appeal', 'aggregation_valid': True, 'use': 'Procedural comparison of standing to file and alternative lateness; avoid merging improper-filer and timing grounds.', 'do_not_claim': ['Do not characterize a procedural rejection or remand as approval or completed merits adjudication.', 'Do not infer individual criterion findings from aggregate threshold statements.', 'Do not treat a remand as approval.', 'Do not treat an explicitly nonprecedent decision as binding authority.'], 'caveat': 'No criterion or final-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

  • Threshold research

  • 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 DEC142011_01B2203