AAO research

AAO EB-1A decision FEB022009_02B2203: Appeal timeliness

AAO EB-1A decision FEB022009_02B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision FEB022009_02B2203: Motion dismissed as untimely filed. Review source status, procedural posture and the official…

Decision summary: AAO decision FEB022009_02B2203: Motion dismissed 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_eb1a_decision. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

FEB022009_02B2203

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: The AAO issued its decision on October 25, 2007. The motion was received November 28, 2007, 34 days later, beyond the 33-day deadline. The petitioner presented no argument or evidence that the delay was reasonable or beyond the petitioner’s control; the motion was dismissed as untimely.; citation_pages: 1; 2; classification: Motion to reopen dismissed_as_untimely; director_findings: The Director denied the petition and the AAO had previously affirmed the denial; the present motion decision does not provide criterion-level findings.

Operative disposition

{'outcome': 'Motion dismissed as untimely filed.', 'basis': 'The AAO received the motion 34 days after its October 25, 2007 decision, outside the 33-day period, and found no basis to excuse the delay.', '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_motion_to_reopen', 'aggregation_valid': True, 'use': 'Aggregate only with late motion dismissals applying the same timing and excuse framework; keep distinct from untimely appeals.', 'do_not_claim': ['Do not characterize a procedural disposition or remand as a final EB-1A merits determination.', 'Do not infer criterion-level findings from generalized denial language or aggregate counts.', 'Do not represent a remand as petition approval.', 'Do not treat a nonprecedent decision as binding authority.'], 'caveat': 'The AAO ruled on motion timeliness only; this is not an EB-1A criterion or final-merits decision.'}

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 FEB022009_02B2203