AAO research
EB-1A appeal timeliness — AAO decision OCT022009_07B2203: Appeal rejected as untimely; matter returned to Director for consideration as a motion to…
Decision summary: AAO decision OCT022009_07B2203: Appeal rejected as untimely; matter returned to Director for consideration as a motion to reconsider. 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 | OCT022009_07B2203 |
|---|---|
Decision date as printed | Not stated in normalized review fields |
Classification / field stated in source | Classification not stated in the normalized review fields |
Procedural posture | AAO_posture: Appeal rejected as untimely; matter returned to Director for consideration as a motion to reconsider. Receipt was 35 days after decision, beyond the 33-day mailed-decision period. The submission met motion requirements; Director had jurisdiction over the motion and must render a new decision.; citation_pages: 1; 2; classification: appeal_rejected_untimely_returned_for_motion_consideration; director_findings: Director denied July 22, 2008; counsel dated appeal August 19, received August 26 (35 days later). The director mistakenly annotated it timely and forwarded it. AAO rejected as untimely, but found the late submission met motion requirements and returned the matter to the Director to consider as a motion to reconsider and render a new decision. |
Operative disposition | {'outcome': 'Appeal rejected as untimely; matter returned to Director for consideration as a motion to reconsider.', 'basis': 'Receipt was 35 days after decision, beyond the 33-day mailed-decision period. The submission met motion requirements; Director had jurisdiction over the motion and must render a new decision.', 'citation_pages': [1, 2]} |
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': 'untimely_appeal_converted_to_motion', 'aggregation_valid': True, 'use': 'Procedural comparison for late appeals satisfying motion requirements; clearly separate appeal rejection from remand for motion decision.', 'do_not_claim': ['Do not characterize a procedural rejection or remand as approval or completed merits adjudication.', 'Do not infer individual criterion findings from aggregate threshold statements.', 'Do not treat a remand as approval.', 'Do not treat an explicitly nonprecedent decision as binding authority.'], 'caveat': 'No criterion or final-merits review.'}
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.
Related corpus research
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Untimely research
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