AAO research

AAO EB-1A decision FEB022009_05B2203: Withdrawal and mootness

AAO EB-1A decision FEB022009_05B2203: Withdrawal and mootness

EB-1A withdrawal and mootness — AAO decision FEB022009_05B2203: Page 2 purports to dismiss the appeal as moot based on adjustment to lawful permanent…

Decision summary: AAO decision FEB022009_05B2203: Page 2 purports to dismiss the appeal as moot based on adjustment to lawful permanent resident status; hold due to the internally impossible future date.

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: hold_source_identity_or_chronology_conflict. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

FEB022009_05B2203

Decision date as printed

February 2, 2009

Classification / field stated in source

EB-1A case on cover/body; date/chronology conflict creates source identity hold.

Procedural posture

Nebraska Service Center EB-1A appeal. Page 2 says an I-485 adjustment application under a different classification was approved December 2, 2011 and concludes further pursuit of this matter is moot. That event predates the printed decision date by nearly three years, creating a chronology conflict.

Operative disposition

Page 2 purports to dismiss the appeal as moot based on adjustment to lawful permanent resident status; hold due to the internally impossible future date.

Final-merits status

not reached

What the AAO decision addressed

Page 2 purports to dismiss the appeal as moot based on adjustment to lawful permanent resident status; hold due to the internally impossible future date.

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

Cover date is February 2, 2009, but p. 2 relies on an adjustment approval dated December 2, 2011. Reconcile impossible chronology.

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: Hold pending authoritative source reconciliation.

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

  • Summary Dismissal 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 FEB022009_05B2203