AAO research

AAO EB-1A decision JUN202013_03B2203: Appeal timeliness

AAO EB-1A decision JUN202013_03B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision JUN202013_03B2203: Motion to reconsider rejected; prior June 29, 2012 AAO decision affirmed and petition remains…

Decision summary: AAO decision JUN202013_03B2203: Motion to reconsider rejected; prior June 29, 2012 AAO 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

JUN202013_03B2203

Decision date as printed

2013-06-20

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: Motion to reconsider rejected; prior June 29, 2012 AAO decision affirmed and petition remains denied. The motion evidence did not establish timely filing of the appeal; the mailing record indicated a date 35 days after the Director decision.; citation_pages: 1; 2; classification: motion_to_reconsider_rejected_timeliness_not_established; director_findings: The underlying Director denied the petition March 24, 2011; AAO rejected an appeal on June 29, 2012 as untimely. On motion to reconsider, petitioner asserted timely mailing and submitted purported tracking information. AAO found the cited tracking number did not correlate with the envelope or verify on the carrier site; the other number also produced no tracking information. A “From Date” on the airbill was April 28, 2011, 35 days after the Director decision. AAO rejected the motion, affirmed its prior decision, and left the petition denied.

Operative disposition

{'outcome': 'Motion to reconsider rejected; prior June 29, 2012 AAO decision affirmed and petition remains denied.', 'basis': 'The motion evidence did not establish timely filing of the appeal; the mailing record indicated a date 35 days after the Director decision.', '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': 'motion_after_untimely_appeal', 'aggregation_valid': True, 'use': 'Separate category for motion-based challenges to a prior untimeliness ruling; distinguish evidence of attempted mailing from proof of accepted filing.', 'do_not_claim': ['Do not characterize a procedural rejection, dismissal, or remand as a completed merits adjudication.', 'Do not infer individual criterion findings from the Director’s aggregate threshold statements.', 'Do not treat remand as approval.', 'Do not treat a nonprecedent decision as binding authority.'], 'caveat': 'Current decision is procedural; it does not resolve criterion merits.'}

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

  • Threshold research

  • 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 JUN202013_03B2203