AAO research

AAO EB-1A decision FEB162012_02B2203: Appeal timeliness

AAO EB-1A decision FEB162012_02B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision FEB162012_02B2203: Appeal rejected. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision FEB162012_02B2203: Appeal rejected. Director issued decision April 29, 2010; appeal was received June 4, 36 days later. Counsel did not include a newly executed G-28 required for appeal filed after March 4, 2010; AAO considered petitioner self-represented and rejected the appeal as untimely.

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 rejection; merits not reached.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

FEB162012_02B2203

Decision date as printed

February 16, 2012

Classification / field stated in source

EB-1A procedural rejection; merits not reached.

Procedural posture

Appeal rejected as untimely and improperly filed; no motion conversion.

Operative disposition

Appeal rejected.

Final-merits status

not reached by current AAO decision

What the AAO decision addressed

Director issued decision April 29, 2010; appeal was received June 4, 36 days later. Counsel did not include a newly executed G-28 required for appeal filed after March 4, 2010; AAO considered petitioner self-represented and rejected the appeal as untimely.

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 identifies EB-1A I-140 at Texas Service Center dated February 16, 2012.; pages: 1

  • claim: Appeal filed June 4, 2010 from April 29, 2010 decision without newly executed G-28; AAO treated petitioner as self-represented.; pages: 2

  • claim: Appeal was 36 days after decision, beyond 33-day mailed deadline; AAO returned matter for Director to evaluate whether late appeal met motion requirements, then rejected the appeal as untimely.; pages: 2; 3

How this record may be used in research

Comparison scope: Useful narrow explainer about both a new G-28 requirement for attorney-filed appeals and filing deadlines; do not suggest the missing G-28 alone was the timing basis.

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 FEB162012_02B2203