AAO research
EB-1A motion disposition — AAO decision SEP282009_01B2203: Motion dismissed; prior decisions undisturbed. Review source status, procedural posture and the…
Decision summary: AAO decision SEP282009_01B2203: Motion dismissed; prior decisions undisturbed. Correct-fee motion was filed 54 days after service of the prior decision, beyond the 30-day period, without showing reasonable delay beyond petitioner’s control; required statement about judicial proceedings was also absent.
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 in-scope classification; current motion decision does not review merits.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | SEP282009_01B2203 |
|---|---|
Decision date as printed | September 28, 2009 |
Classification / field stated in source | EB-1A I-140; motion to reopen/reconsider subsequent to earlier appeal dismissal. |
Procedural posture | Motion filed after AAO dismissed a prior appeal on October 22, 2008; attempted filing was initially returned for incorrect fee. |
Operative disposition | Motion dismissed; prior decisions undisturbed. |
Final-merits status | Not reached |
What the AAO decision addressed
Correct-fee motion was filed 54 days after service of the prior decision, beyond the 30-day period, without showing reasonable delay beyond petitioner’s control; required statement about judicial proceedings was also absent.
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-cited findings recorded in review
claim: Cover identifies EB-1A petition and date September 28, 2009.; pages: 1
claim: AAO states earlier appeal was dismissed October 22, 2008 and current matter is a motion to reopen/reconsider.; pages: 2
claim: Initial motion attempt came 34 days after decision but used incorrect fee; corrected filing date was December 15, 2008, 54 days after service.; pages: 2; 3
claim: Petitioner did not establish excusable delay and omitted required statement; motion dismissed and prior decisions not disturbed.; pages: 3
How this record may be used in research
Comparison scope: Procedural-only; do not include in EB-1A outcome comparisons.
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.