AAO research

AAO EB-1A decision OCT142009_05B2203: Appeal timeliness

AAO EB-1A decision OCT142009_05B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision OCT142009_05B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…

Decision summary: AAO decision OCT142009_05B2203: Appeal rejected as untimely filed. 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

OCT142009_05B2203

Decision date as printed

2009-10-14

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: Appeal rejected as untimely filed. Appeal received 35 days after the decision, beyond 33 days; no promised brief arrived after more than seven months and filing did not qualify as a motion.; citation_pages: 1; 2; classification: Appeal rejected as untimely; director_findings: Director issued decision January 20, 2009; counsel dated appeal February 18, postmarked February 21, and it was received February 24, 35 days after decision. Appeal was untimely. It also stated a brief/additional evidence would follow within 30 days, but more than seven months later AAO had received nothing; appeal did not meet motion requirements and was rejected.

Operative disposition

{'outcome': 'Appeal rejected as untimely filed.', 'basis': 'Appeal received 35 days after the decision, beyond 33 days; no promised brief arrived after more than seven months and filing did not qualify as a motion.', '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_missing_promised_brief', 'aggregation_valid': True, 'use': 'Procedural grouping with late appeals and missing promised briefs; preserve the actual received date and the separate failure-to-submit brief.', '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

  • Full-corpus research index

  • Threshold research

  • Untimely research

  • Remand research

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

Primary source

Official USCIS AAO decision PDF for OCT142009_05B2203