AAO January 16, 2014


Case Information
USCIS Administrative Appeals Office (AAO)
Date: January 16, 2015
Office: Vermont Service Center
Type: Non-Precedent
Petitioner: O-1A Visa in Business
Profession: N/A
Agent: No
Citation: AAO Jan162014_02D8101


Discussion

The Director, Vermont Service Center, denied the nonimmigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed as moot.

The petitioner filed this nonimmigrant petition seeking to classify the beneficiary as an alien with extraordinaiy ability in the field of business, pursuant to section 101 (a)( 15)(0)(i) of the Immigration and Nationality Act (“Act”), 8 U.S.C. § 1101(a)(15)(O)(i).

The director denied the petition, and the petitioner filed a timely appeal.

A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the beneficiary of this petition has been granted asylum status (AS-1 classification) in the United States. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is in the United States in lawful asylum status for an indefinite period, subject to termination, and the issues in this proceeding are moot.

Accordingly, the AAO finds that the beneficiary’s current asylum status deprives this appeal of any practical significance. Considerations of prudence warrant the dismissal of the appeal as moot. See Matter of Luis, 22 I&N Dec. 747, 753 (BIA 1999).

ORDER: The appeal is dismissed.



AAO Jan162014_02D8101