AAO research
EB-1A appeal timeliness — AAO decision MAR222023_02B2203: Motion to reopen dismissed; motion to reconsider dismissed. Review source status, procedural…
Decision summary: AAO decision MAR222023_02B2203: 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 | MAR222023_02B2203 |
|---|---|
Decision date as printed | 2023-03-22 |
Classification / field stated in source | Classification not stated in the normalized review fields |
Procedural posture | AAO_posture: Motion to reopen dismissed and motion to reconsider dismissed. The petitioner did not establish that the prior decision was legally erroneous or provide new facts; claimed COVID-related deadline confusion did not establish reasonable delay beyond her control.; citation_pages: 1; 2; 3; classification: combined_Motions dismissed_untimely_and_no_new_facts_or_error; director_findings: Texas Service Center denied and found willful misrepresentation concerning the petitioner’s authorship record; the Director dismissed a first combined motion as untimely. AAO dismissed the appeal of that motion decision and a prior combined motion, finding the delay not shown to be reasonable and beyond the petitioner’s control. In the current motion, petitioner again relied on COVID-related form deadline extensions. AAO found those announcements had expired before the March 2, 2021 adverse decision and the 90-day filing allowance was announced much later; petitioner did not establish that the delay was reasonable and beyond her control. She also repeated the due-process/rebuttal argument without showing prior legal error. Both motions dismissed. |
Operative disposition | {'outcome': 'Motion to reopen dismissed; motion to reconsider dismissed.', 'basis': 'The COVID filing announcements cited were no longer in effect when the relevant March 2, 2021 decision issued, and the later 90-day extension was not announced until much later; petitioner did not substantiate the delay or show prior error.', 'citation_pages': [1, 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': 'successive_motion_deadline_covid_extensions', 'aggregation_valid': True, 'use': 'Potential procedural comparison about evaluating the date and scope of temporary filing extensions; do not treat the motion decision as addressing underlying authorship or misrepresentation merits.', 'do_not_claim': ['Do not characterize a procedural dismissal, rejection, or remand as approval or a completed merits adjudication.', 'Do not infer criterion outcomes beyond those expressly stated.', 'Do not treat explicitly nonprecedent decisions as binding authority.'], 'caveat': 'Use only the source’s narrow finding; no broader conclusion than the cited record supports.'}
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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