AAO research
EB-1A appeal timeliness — AAO decision FEB182025_03B2203: Motion to reopen dismissed; motion to reconsider dismissed. Review source status, procedural…
Decision summary: AAO decision FEB182025_03B2203: Motion to reopen dismissed; motion to reconsider dismissed. 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_procedural_eb1a_decision. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | FEB182025_03B2203 |
|---|---|
Decision date as printed | 2025-02-18 |
Classification / field stated in source | Classification not stated in the normalized review fields |
Procedural posture | AAO_posture: Motion to reopen dismissed; motion to reconsider dismissed. The form was rejected because petitioner selected both appeal and motion; properly completed filing arrived 38 days after the September 27, 2024 decision, and petitioner did not establish reasonable delay beyond their control or show new facts/error.; citation_pages: 1; 2; classification: combined_Motions dismissed_untimely_and_insufficient; director_findings: The current combined motions follow a September 27, 2024 decision. Petitioner attempted filing in October 2024 but selected both appeal and motion on Form I-290B, so USCIS rejected it. Properly filed combined motions were received November 4, 38 days after the latest decision. AAO found petitioner had not shown the delay was reasonable and beyond control; it had no authority to extend the 33-day reconsideration deadline. Motions also failed to establish new facts or error; both dismissed and underlying petition remains denied. |
Operative disposition | {'outcome': 'Motion to reopen dismissed; motion to reconsider dismissed.', 'basis': 'The form was rejected because petitioner selected both appeal and motion; properly completed filing arrived 38 days after the September 27, 2024 decision, and petitioner did not establish reasonable delay beyond their control or show new facts/error.', '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': 'successive_motions_with_procedural_crosslink', 'aggregation_valid': True, 'use': 'Can be linked in a procedural sequence to the September 27, 2024 decision by its explicit date; explain the separate defective-form and corrected-filing dates. Do not duplicate as independent merits precedent.', 'do_not_claim': ['Do not characterize a procedural dismissal, rejection, or remand as approval or a completed merits adjudication.', 'Do not infer criterion results beyond those expressly recited in the decision.', 'Do not treat remand as approval.', 'Do not treat explicitly nonprecedent decisions as binding authority.'], 'caveat': 'No criterion or final-merits review in current motions.'}
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.
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