AAO research
EB-1A appeal timeliness — AAO decision DEC162005_20B2203: Motion to reopen dismissed as untimely under 8 C.F.R. § 103.5(a)(1)(i); the decision says no…
Decision summary: AAO decision DEC162005_20B2203: Motion to reopen dismissed as untimely under 8 C.F.R. § 103.5(a)(1)(i); the decision says no evidence showed the delay was reasonable and beyond petitioner’s control.
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_procedural_record; the disposition does not decide EB-1A criterion merits.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | DEC162005_20B2203 |
|---|---|
Decision date as printed | December 16, 2005 |
Classification / field stated in source | Form I-140 extraordinary-ability classification under INA § 203(b)(1)(A) / EB-1A, as printed. |
Procedural posture | California Service Center EB-1A motion to reopen after denial and dismissal of a subsequent appeal. AAO had issued its decision June 3, 2003. An initial motion was rejected for failure to submit a properly executed check; the motion with acceptable check was received July 21, 2003. |
Operative disposition | Motion to reopen dismissed as untimely under 8 C.F.R. § 103.5(a)(1)(i); the decision says no evidence showed the delay was reasonable and beyond petitioner’s control. |
Final-merits status | not reached |
What the AAO decision addressed
Motion to reopen dismissed as untimely under 8 C.F.R. § 103.5(a)(1)(i); the decision says no evidence showed the delay was reasonable and beyond petitioner’s control.
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 |
Membership | not reached |
Published material about the person | not reached |
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
["Director findings, petitioner/counsel assertions, and background history are not AAO merits determinations.", "No EB-1A criterion state is inferred from a procedural outcome."]
Specific caveats recorded by the reviewer
Director findings, petitioner/counsel assertions, and background history are not AAO merits determinations.
No EB-1A criterion state is inferred from a procedural outcome.
Source-cited findings recorded in review
p. 1, decision date, office and petition heading.
p. 2, procedural reasoning and operative ORDER.
How this record may be used in research
Comparison scope: Exclude identity/chronology-held cases. Verified cases may be grouped in a procedural index by distinct mechanism (mootness after adjustment, untimely motion, appeal standing, untimely appeal, summary dismissal); do not collapse these into substantive EB-1A denials.
Editorial use note: Procedural-only source-linked coverage after editorial review; preserve exact disposition.
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
Awards research
Membership research
Published material about the person 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
Final Merits research
Summary Dismissal research
Untimely research
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