EB1 Law Review AAO January 07th 2011 Decision – Failure to Request Additional Evidence
EB1 Law Review by Law Office of Chris M. Ingram
Failure to Request Additional Evidence
In our pursuit of EB1 Green Card and O1 Visa legal excellence we are systematically reviewing every Administrative Appeal Office decisions that have been appealed. These cases are not our cases but any and all cases that have been appealed nationally. In continuously reviewing these decisions and learning from them we will continue to be the recognized leaders in this field of preparing successful cases for aliens of extraordinary ability.
January 7th 2011 – Failure to Request Additional Evidence (p2)
Source Case
Failure to Request Additioal Evidence – (AAO Decision January 7th 2011 p2 )
Context
In this case, the Petitioner, a university, was denied its application for the beneficiary, a biology researcher. The Petitioner contended that the Service erred by failing to request additional evidence prior to issuing a denial of the case.
Legal Authority
8 CFR §103.2(b)(8)(ii) provides:
If all required evidence is not submitted with the application or petition or does not demonstrate eligibility, USCIS in its discretion may deny the application or petition for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted within a specified period of time as determined by USCIS.
The director is not required to issue a request for further information in every potentially deniable case.
Conclusion
If the director determines that the record lacks initial evidence or does not demonstrate eligibility, the cited regulation does not require solicitation of further documentation.
Cited cases:
AAO cited no case law, only a plain language interpretation of the regulation.
Important Notice: Please note that all videos created by the Law Offices of Chris M. Ingram are intended as general information only and not specific legal advice pertaining your case. If you would like specific legal advice on any immigration matter please do not hesitate to contact this law office accordingly. All pictorial images used in these videos and the website in general are licensed stocked images and not portraits, or otherwise, of anyone from the Law Offices of Chris M. Ingram, nor of its clients unless otherwise indicated by name. All images are used solely for illustrative purposes only. All rights reserved.
Copyright 2013