AAO research
EB-1A appeal timeliness — AAO decision OCT262016_01B2203: Motion to reopen or reconsider denied as untimely. Review source status, procedural posture and…
Decision summary: AAO decision OCT262016_01B2203: Motion to reopen or reconsider denied as untimely. The required period was 33 calendar days. Although the form was first sent to an improper location and ultimately filed September 29, AAO treated it as filed September 14 for timeliness; 34 days after service, thus untimely.
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_nonprecedent_AAO_decision. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | OCT262016_01B2203 |
|---|---|
Decision date as printed | October 26, 2016 |
Classification / field stated in source | EB-1A Form I-140; extraordinary ability in the arts; petitioner identified as an opera singer; Matter of M-K-L-S-; non-precedent AAO decision |
Procedural posture | Motion following AAO dismissal of an underlying appeal. The petitioner filed a Form I-290B styled as a second appeal; AAO treated it as a motion to reopen/reconsider because the prior decision was an appeal dismissal. The motion was received September 14, 2016, 34 days after August 11, 2016 service. |
Operative disposition | Motion to reopen or reconsider denied as untimely. |
Final-merits status | Not reached |
What the AAO decision addressed
The required period was 33 calendar days. Although the form was first sent to an improper location and ultimately filed September 29, AAO treated it as filed September 14 for timeliness; 34 days after service, thus untimely.
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
["The AAO expressly labels this decision non-precedent.", "The decision does not reach the underlying EB-1A criterion merits.", "Do not generalize beyond the cited governing regulations and precise dates."]
Specific caveats recorded by the reviewer
The AAO expressly labels this decision non-precedent.
The decision does not reach the underlying EB-1A criterion merits.
Do not generalize beyond the cited governing regulations and precise dates.
Source-cited findings recorded in review
claim: The source identifies an AAO decision dated October 26, 2016.; pages: 1
claim: The petition or motion classification is described as: EB-1A Form I-140; extraordinary ability in the arts; petitioner identified as an opera singer; Matter of M-K-L-S-; non-precedent AAO decision.; pages: 1
claim: Motion following AAO dismissal of an underlying appeal. The petitioner filed a Form I-290B styled as a second appeal; AAO treated it as a motion to reopen/reconsider because the prior decision was an appeal dismissal. The motion was received September 14, 2016, 34 days after August 11, 2016 service.; pages: 1
claim: The required period was 33 calendar days. Although the form was first sent to an improper location and ultimately filed September 29, AAO treated it as filed September 14 for timeliness; 34 days after service, thus untimely.; pages: 1
claim: Operative order: Motion to reopen or reconsider denied as untimely.; pages: 1
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
Performance sector research
Untimely research
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