AAO research

AAO EB-1A decision MAR162010_01B2203: Appeal timeliness

AAO EB-1A decision MAR162010_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision MAR162010_01B2203: Motion to reconsider dismissed as untimely; the June 5, 2009 AAO decision was affirmed and…

Decision summary: AAO decision MAR162010_01B2203: Motion to reconsider dismissed as untimely; the June 5, 2009 AAO decision was affirmed and petition remained 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

MAR162010_01B2203

Decision date as printed

Not stated in normalized review fields

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: The AAO decision was issued June 5, 2009 with proper notice of a 33-day motion period. The petitioner dated the motion July 3, but the AAO received it July 10, 35 days after issuance. The motion was untimely and dismissed; the earlier AAO decision was affirmed and the petition remained denied.; citation_pages: 1; 2; classification: Motion to reconsider dismissed_as_untimely; director_findings: The Nebraska Service Center denied the petition, the AAO dismissed the appeal on June 5, 2009, and the petitioner later sought reconsideration.

Operative disposition

{'outcome': 'Motion to reconsider dismissed as untimely; the June 5, 2009 AAO decision was affirmed and petition remained denied.', 'basis': 'The AAO received the motion 35 days after the June 5 decision, beyond the 33-day deadline.', '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': 'untimely_motion_to_reconsider', 'aggregation_valid': True, 'use': 'Aggregate only with late motions to reconsider applying the same filing deadline; preserve the dated-versus-received distinction and affirmed underlying decision.', 'do_not_claim': ['Do not characterize procedural dispositions or remands as completed EB-1A merits findings.', 'Do not infer individual criterion results from generalized Director statements.', 'Do not describe a moot dismissal as affirming all Director findings.', 'Do not treat nonprecedent decisions as binding authority.'], 'caveat': 'The AAO addressed timeliness, not the criterion evidence in this motion decision.'}

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 MAR162010_01B2203