AAO research
EB-1A appeal timeliness — AAO decision NOV282012_01B2203: Current motion dismissed; prior AAO decisions affirmed; petition remains denied. Review source…
Decision summary: AAO decision NOV282012_01B2203: Current motion dismissed; prior AAO decisions affirmed; petition remains denied. The motion did not show the prior untimeliness ruling was erroneous, did not establish new facts or a legal basis for reopening, and failed the procedural requirements for an ineffective-assistance claim, including a detailed affidavit, notice to former counsel, and disciplinary complaint information.
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: EB-1A source; in-scope as procedural motion only. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | NOV282012_01B2203 |
|---|---|
Decision date as printed | November 28, 2012 |
Classification / field stated in source | EB-1A motion decision; motion dismissed and prior AAO decisions affirmed |
Procedural posture | AAO had dismissed an earlier appeal and a prior motion to reopen on untimeliness; this decision addresses another motion to reopen/reconsider and ineffective-assistance assertions, not the underlying EB-1A merits. |
Operative disposition | Current motion dismissed; prior AAO decisions affirmed; petition remains denied. |
Final-merits status | not reached in this procedural motion decision. |
What the AAO decision addressed
The motion did not show the prior untimeliness ruling was erroneous, did not establish new facts or a legal basis for reopening, and failed the procedural requirements for an ineffective-assistance claim, including a detailed affidavit, notice to former counsel, and disciplinary complaint information.
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 |
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 |
High salary or remuneration | Not reached — source PDF |
Commercial success in the performing arts | Not reached — source PDF |
Source-cited findings recorded in review
claim: Cover dates the redacted EB-1A motion decision November 28, 2012.; pages: 1
claim: AAO states the original appeal was dismissed December 1, 2010 and an earlier motion to reopen was dismissed May 14, 2012 as untimely.; pages: 2
claim: The current motion did not establish that the prior untimeliness finding was erroneous or supply an adequate basis for reopening/reconsideration.; pages: 2; 3
claim: The petitioner failed to provide required ineffective-assistance documentation, including an affidavit detailing former counsel’s agreement/actions, notice to counsel and opportunity to respond, and disciplinary-complaint information.; pages: 3; 4
claim: AAO dismissed the motion and affirmed the prior AAO decisions; petition remains denied.; pages: 4
How this record may be used in research
Comparison scope: Not suitable as a merits SEO example; possible separate procedural-motion reference with identifying facts carefully limited.
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
Published material about the person research
Leading or critical role research
Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.