AAO research

AAO EB-1A decision JAN072013_01B2203: Appeal timeliness

AAO EB-1A decision JAN072013_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision JAN072013_01B2203: Appeal rejected. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision JAN072013_01B2203: Appeal rejected. 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

JAN072013_01B2203

Decision date as printed

2013-01-07

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: Appeal rejected as untimely; additionally rejected for lack of a newly executed Form G-28. No criterion review.; citation_pages: 2; 3; classification: appeal_rejected_untimely_and_improperly_filed_no_new_g28; director_findings: Nebraska Service Center decision issued June 28, 2012. Counsel dated an appeal July 27, but USCIS received it August 1, 34 days later. It was untimely. In addition, the new Form I-290B lacked a newly executed Form G-28; the submitted G-28 was from 2011 and did not establish current representation. AAO rejected the appeal as untimely and improperly filed; petitioner considered self-represented.

Operative disposition

{'outcome': 'Appeal rejected.', 'basis': 'The service center received the appeal 34 days after the June 28 decision, and the new filing lacked a newly executed Form G-28.', 'citation_pages': [2, 3]}

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': 'appeal_deadline_and_new_g28', 'aggregation_valid': True, 'use': 'Procedural comparison on receipt deadline and current representation paperwork; no substantive eligibility findings.', '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 stated.', 'Do not treat an explicitly nonprecedent decision as binding authority.'], 'caveat': 'Use only the cited source holding; no final-merits conclusion unless expressly stated.'}

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 JAN072013_01B2203