Others

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 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 motions to reopen and reconsider were dismissed because the Petitioner failed to meet the regulatory requirements. For the motion to reopen, no new facts supported by documentary evidence were presented that were material to the issues raised on motion and not previously submitted. For the motion to reconsider, the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy or that the decision was incorrect based on the evidence in the record at the time of that decision.

The motions were dismissed because the Petitioner failed to present new facts for the motion to reopen, as required by 8 C.F.R. § 103.5(a)(2) and (a)(4). For the motion to reconsider, the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy, or that it was incorrect based on the evidence in the record at the time, as required by 8 C.F.R. § 103.5(a)(3) and (a)(4). The evidence provided to prove the timeliness of the second motion was deemed inconclusive and outweighed by USCIS records indicating a late filing on December 14, 2023. Additionally, the first motion was also confirmed to have been received late on July 21, 2023, 79 days after the appeal decision.