This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner, a mathematics teacher, sought to work in the United States under an EB-2 classification with a national interest waiver, though the underlying endeavor is not described in this procedural decision.
Field: mathematics education · Read the decision (uscis.gov)
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Notable
Purely procedural decision on the tenth combined motion to reopen/reconsider filed by this Petitioner; the AAO dismissed both motions solely on timeliness grounds (filed 36 days after the prior decision, exceeding the 33-day deadline, with no showing that the delay was reasonable or beyond the Petitioner's control). No substantive NIW prong analysis occurred. The case history shows a pattern of repeated summary dismissals and rejected filings, suggesting a pro se or persistent litigant pursuing successive motions without addressing the underlying merits denial.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.5
What this case teaches
Analyst reading of the decision text.
The tenth combined motion was untimely: filed 36 days after the prior decision (exceeding the 33-day deadline) with no showing the delay was reasonable or beyond the Petitioner's control.
Strict compliance with the 33-day motion deadline is jurisdictional in practice; late motions to reopen must affirmatively show reasonable cause for delay or will be summarily dismissed.
vague
mixed
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