AAO research
EB-1A appeal timeliness — AAO decision NOV212006_01B2203: Motion to reopen rejected. Review source status, procedural posture and the official USCIS PDF.
Decision summary: AAO decision NOV212006_01B2203: Motion to reopen rejected. No AAO decision existed to reopen; motion jurisdiction lay with Director. Independently, motion was untimely and delay was not shown reasonable or beyond petitioner’s control.
Source limitation: The review record contains a source hold or limitation. Read the limitation below before relying on any case detail; unresolved facts are not treated as findings.
Scope classification from review: in_scope_eb1a_procedural_record. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | NOV212006_01B2203 |
|---|---|
Decision date as printed | November 21, 2006 |
Classification / field stated in source | EB-1A extraordinary ability in the arts. |
Procedural posture | After AAO rejected an appeal as filed by a person without standing and without rendering a decision, a motion to reopen was filed. AAO says there is no AAO decision to reopen and the Director made the latest decision, so AAO lacks motion jurisdiction. Motion was also untimely: AAO decision mailed April 24, 2006; motion dated May 11 but received at service center August 30, 2006; no reasonable/beyond-control explanation. |
Operative disposition | Motion to reopen rejected. |
Final-merits status | not reached |
What the AAO decision addressed
No AAO decision existed to reopen; motion jurisdiction lay with Director. Independently, motion was untimely and delay was not shown reasonable or beyond petitioner’s control.
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 considered |
Membership | not considered |
Published material about the person | not considered |
Judging the work of others | not considered |
Original contributions of major significance | not considered |
Scholarly authorship | not considered |
Artistic display or showcases | not considered |
Leading or critical role | not considered |
High salary or remuneration | not considered |
Commercial success in the performing arts | not considered |
Source holds and limits
["No EB-1A criterion is reviewed; Director’s general conclusion is only recited."]
Specific caveats recorded by the reviewer
No EB-1A criterion is reviewed; Director’s general conclusion is only recited.
Source-cited findings recorded in review
p. 1 identifies date and EB-1A petition.
p. 2 summarizes prior no-standing appeal, motion, jurisdiction, dates and untimeliness, and order.
How this record may be used in research
Comparison scope: Only aggregate by verified procedural mechanism and preserve distinctions between untimely appeal, motion jurisdiction/filing, summary dismissal, representative standing, and withdrawal/abandonment. Do not treat procedure-only records as criterion outcomes. Exclude source-held records from publication/comparison pending reconciliation.
Editorial use note: May be summarized as a procedural record with page citations; do not imply criterion 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
Awards research
Membership research
Published material about the person research
Judging the work of others research
Original contributions of major significance research
Scholarly authorship research
Artistic display or showcases research
Leading or critical role research
High salary or remuneration research
Commercial success in the performing arts research
Performance sector research
Summary Dismissal research
Untimely research
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