AAO research

AAO EB-1A decision MAY052021_02B2203: Withdrawal and mootness

AAO EB-1A decision MAY052021_02B2203: Withdrawal and mootness

EB-1A withdrawal and mootness — AAO decision MAY052021_02B2203: Appeal dismissed based on withdrawal; separate order/findings establish willful…

Decision summary: AAO decision MAY052021_02B2203: Appeal dismissed based on withdrawal; separate order/findings establish willful misrepresentation of material fact (physical pp. 1–6). AAO compared claimed professor employment and claimed CD releases with prior visa/employment information and the submitted CD packaging, finding altered packaging images and contradictory employment history. It found false statements willful and material after petitioner did not rebut the NOID (physical pp. 3–6).

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_special_procedural_and_misrepresentation_decision. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

MAY052021_02B2203

Decision date as printed

May 5, 2021

Classification / field stated in source

EB-1A; petitioner claimed extraordinary ability as a violinist.

Procedural posture

Director revoked previously approved petition; AAO appeal. After NOID, petitioner requested withdrawal; AAO granted withdrawal and separately entered willful material-misrepresentation finding.

Operative disposition

Appeal dismissed based on withdrawal; separate order/findings establish willful misrepresentation of material fact (physical pp. 1–6).

Final-merits status

Not reached

What the AAO decision addressed

AAO compared claimed professor employment and claimed CD releases with prior visa/employment information and the submitted CD packaging, finding altered packaging images and contradictory employment history. It found false statements willful and material after petitioner did not rebut the NOID (physical pp. 3–6).

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 coded — source PDF

Membership

Not coded — source PDF

Published material about the person

Not coded — source PDF

Judging the work of others

Not coded — source PDF

Original contributions of major significance

Not coded — source PDF

Scholarly authorship

Not coded — source PDF

Artistic display or showcases

Not coded — source PDF

Leading or critical role

Not coded — source PDF

High salary or remuneration

Not coded — source PDF

Commercial success in the performing arts

Not coded — source PDF

Source-cited findings recorded in review

  • Citations use physical PDF page numbers; printed page number noted in page-by-page record where legible.

How this record may be used in research

Comparison scope: Separate source-integrity / withdrawal / material-misrepresentation cluster; not comparable to ordinary criterion-by-criterion EB-1A denials. Any page must precisely distinguish withdrawal of appeal from independent AAO misrepresentation finding. Publish only with prominent, careful posture and finding labels; avoid stating the withdrawn appeal was dismissed on ordinary merits.

Editorial use note: Publish only with prominent, careful posture and finding labels; avoid stating the withdrawn appeal was dismissed on ordinary merits.

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

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

  • Withdrawal research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for MAY052021_02B2203