Others

The motion to reopen and reconsider was dismissed because it was untimely filed. The previous decision was mailed on September 22, 2023, and the petitioner's Form I-290B was received on November 14, 2023, which was 53 days after the decision. USCIS regulations state that a benefit request is considered received on the actual date of receipt at the designated filing location, not the mailing date. The petitioner failed to provide legal authority to support the application of the "mailbox rule" for this type of filing.

The appeal was dismissed because the petitioner's motion to reopen and reconsider was filed on June 13, 2023, which was beyond the 30-day regulatory deadline from the petition denial date of December 8, 2022. The petitioner did not provide an explanation for the delay or establish that the delay was reasonable, thus failing to meet the requirements for excusing an untimely filing.

The motion to reopen was dismissed because it was filed over eight months after the most recent decision dated August 2, 2023, exceeding the 33-day filing deadline. The petitioner did not provide evidence or explanation to demonstrate that the delay was reasonable and beyond their control, as required by 8 C.F.R. § 103.5(a)(1)(i).

The motion to reopen was dismissed because it was untimely filed. The third motion was received by USCIS on August 28, 2024, which was 43 days after the prior decision dated July 16, 2024, exceeding the 33-day deadline for filing. The petitioner's claim that an initial mailing was rejected by USCIS was not supported by sufficient explanation or evidence to establish that the delay was reasonable and beyond their control, as required by 8 C.F.R. § 103.5(a)(1)(i).