AAO research
EB-1A appeal timeliness — AAO decision JAN142010_01B2203: Motion to reopen dismissed; AAO’s June 22, 2009 decision affirmed and petition remains denied.…
Decision summary: AAO decision JAN142010_01B2203: Motion to reopen dismissed; AAO’s June 22, 2009 decision affirmed and petition remains denied. 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 | JAN142010_01B2203 |
|---|---|
Decision date as printed | 2010-01-14 |
Classification / field stated in source | Classification not stated in the normalized review fields |
Procedural posture | AAO_posture: Motion to reopen dismissed and prior decision affirmed. Counsel’s courier documentation showed delivery to the wrong service center; the proper office received the filing 43 days after the decision. No error or excuse beyond petitioner’s control was established.; citation_pages: 2; 3; classification: motion_to_reopen_and_reconsider_dismissed_no_error; director_findings: The Nebraska Service Center denied the petition; AAO dismissed the appeal as untimely on June 22, 2009 and Remanded the filing to the Director to consider as a motion to reopen. In the current motion, counsel relied on courier tracking indicating submission to the California Service Center. AAO noted that the appeal was required at the Nebraska Service Center; that office received it June 25, 43 days after the May 13 decision. The petitioner did not establish that the delay was beyond her control or that USCIS erred. The motion also lacked supporting new facts or precedent/legal argument; dismissed. |
Operative disposition | {'outcome': 'Motion to reopen dismissed; AAO’s June 22, 2009 decision affirmed and petition remains denied.', 'basis': 'The appeal was not timely filed with the Nebraska Service Center; delivery to the California Service Center did not satisfy the filing requirement, and the motion did not establish USCIS error or a basis to excuse the delay.', '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': 'wrong_office_filing_and_motion_burden', 'aggregation_valid': True, 'use': 'Procedural comparison about filing with the office maintaining the record and the evidentiary burden on a later motion. No criteria or final merits adjudication.', '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.', 'Do not treat an explicitly nonprecedent decision as binding authority.'], 'caveat': 'Use the cited procedural or criterion-specific holding narrowly. No final-merits conclusion unless explicitly stated in the source.'}
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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