AAO research
EB-1A motions to reconsider — AAO decision SEP132010_02B9204: Motion granted; upon reconsideration prior AAO decision affirmed; petition remains denied.…
Decision summary: AAO decision SEP132010_02B9204: Motion granted; upon reconsideration prior AAO decision affirmed; petition remains denied. Petitioner’s prior divorce was not effective until November 1, 2002, after marriage to U.S. citizen spouse on October 22, 2002; motion did not establish qualifying relationship under applicable VAWA classification.
Scope note: The source review classified this record as outside EB-1A merits scope. It is retained for corpus provenance and must not be used as an EB-1A criterion or eligibility example.
Scope classification from review: Out of EB-1A scope: Form I-360 abused-spouse petition under INA 204(a)(1)(A)(iii), not EB-1A I-140.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | SEP132010_02B9204 |
|---|---|
Decision date as printed | September 13, 2010 |
Classification / field stated in source | Out of EB-1A scope: Form I-360 abused-spouse petition under INA 204(a)(1)(A)(iii), not EB-1A I-140. |
Procedural posture | Motion to reconsider prior AAO dismissal in a Form I-360 abused-spouse case under INA 204(a)(1)(A)(iii); not EB-1A. |
Operative disposition | Motion granted; upon reconsideration prior AAO decision affirmed; petition remains denied. |
Final-merits status | not reached by current AAO decision; any Director findings mentioned are procedural history only |
What the AAO decision addressed
Petitioner’s prior divorce was not effective until November 1, 2002, after marriage to U.S. citizen spouse on October 22, 2002; motion did not establish qualifying relationship under applicable VAWA classification.
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 |
Source holds and limits
"Document is misclassified in an EB-1A corpus path/inventory; source cover and full body conclusively identify VAWA abused-spouse I-360."
Source-cited findings recorded in review
claim: Cover identifies Vermont Service Center petition for immigrant abused spouse under INA 204(a)(1)(A)(iii), dated September 13, 2010.; pages: 1
claim: Current filing is motion to reconsider; AAO granted motion but affirmed its prior decision dismissing appeal.; pages: 2
claim: Prior divorce effective November 1, 2002, after petitioner married U.S. citizen on October 22, 2002; record did not establish valid qualifying relationship at marriage.; pages: 2
claim: AAO affirmed prior decision and petition remained denied.; pages: 3
How this record may be used in research
Comparison scope: Exclude from EB-1A decision analysis and flag/correct corpus or route classification; no EB-1A aggregation.
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
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