AAO research

AAO EB-1A decision DEC162013_01B2203: Appeal timeliness

AAO EB-1A decision DEC162013_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision DEC162013_01B2203: Motion to reopen dismissed; Sept. 5, 2013 decision affirmed; petition remains denied. Review…

Decision summary: AAO decision DEC162013_01B2203: Motion to reopen dismissed; Sept. 5, 2013 decision affirmed; petition remains denied. Motion was untimely and unsupported; evidence did not establish prior misdelivery or eligibility at filing; offered achievements arose years after filing.

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: EB-1A procedural successive motion; underlying criteria not reviewed here.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

DEC162013_01B2203

Decision date as printed

December 16, 2013

Classification / field stated in source

Successive EB-1A motion to reopen dismissed; prior denial affirmed

Procedural posture

Director denied petition in 2008; AAO dismissed merits appeal in 2009 and multiple motions. Current motion was filed four months after rejection of prior motion, alleged prior filing was misaddressed without evidence, and offered 2013 achievements after Nov. 15, 2007 filing.

Operative disposition

Motion to reopen dismissed; Sept. 5, 2013 decision affirmed; petition remains denied.

Final-merits status

Not coded in the normalized review fields

What the AAO decision addressed

Motion was untimely and unsupported; evidence did not establish prior misdelivery or eligibility at filing; offered achievements arose years after filing.

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

Source-cited findings recorded in review

  • claim: Cover dated December 16, 2013 identifies EB-1A petition and self-represented petitioner.; pages: 1

  • claim: AAO recounts 2008 denial, 2009 merits appeal dismissal, and repeated motions through Sept. 5, 2013; current motion seeks reopening.; pages: 2

  • claim: Current motion was four months late and unsupported; asserted misaddressing was not evidenced; submitted 2013 achievements postdated Nov. 15, 2007 filing.; pages: 2; 3

  • claim: AAO dismissed reopening and affirmed Sept. 5, 2013 decision; petition remains denied.; pages: 3

How this record may be used in research

Comparison scope: Procedural-only; exclude from criterion outcome aggregation.

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

  • Published material about the person research

  • Leading or critical role 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 DEC162013_01B2203