AAO research
EB-1A appeal timeliness — AAO decision NOV232009_01B2203: Both motions dismissed as untimely; prior AAO decision affirmed and petition remains denied.…
Decision summary: AAO decision NOV232009_01B2203: Both motions dismissed as untimely; prior AAO decision affirmed and petition remains denied. Motions dated March 16, 2009 but received by Director May 20, 2009, which AAO states was 34 days after April 16 decision. Petitioner did not claim or establish delay was reasonable and beyond 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_AAO_decision_no_precedent_status_asserted. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | NOV232009_01B2203 |
|---|---|
Decision date as printed | November 23, 2009 |
Classification / field stated in source | Not specified |
Procedural posture | Nebraska Service Center EB-1A denial February 14, 2008; AAO dismissed appeal April 16, 2009; petitioner filed combined motions to reopen and reconsider. |
Operative disposition | Both motions dismissed as untimely; prior AAO decision affirmed and petition remains denied. |
Final-merits status | Not reached |
What the AAO decision addressed
Motions dated March 16, 2009 but received by Director May 20, 2009, which AAO states was 34 days after April 16 decision. Petitioner did not claim or establish delay was reasonable and beyond 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 reached — source PDF |
Membership | Not reached |
Published material about the person | Not reached — source PDF |
Judging the work of others | Not reached |
Original contributions of major significance | Not reached |
Scholarly authorship | Not reached |
Artistic display or showcases | Not reached |
Leading or critical role | Not reached |
High salary or remuneration | Not reached |
Commercial success in the performing arts | Not reached |
Source holds and limits
status:
Specific caveats recorded by the reviewer
Source contains apparent date inconsistency: motions reportedly dated March 16, 2009, before the April 16 decision they seek review of; preserve as printed and do not resolve by inference.
Source-cited findings recorded in review
claim: Cover date November 23, 2009; Nebraska Service Center; combined motion proceeding concerning EB-1A petition.; pages: 1
claim: AAO dismissed appeal April 16, 2009; motions to reopen/reconsider were received May 20, 2009, 34 days after that decision, although the decision says petitioner dated them March 16, 2009.; pages: 2
claim: Petitioner did not show late filing was reasonable and beyond her control; AAO dismissed both motions and affirmed prior decision, leaving petition denied.; pages: 2
How this record may be used in research
Comparison scope: narrow_procedural_explainer_only
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
Membership 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
Untimely research
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