Negative site visit overcome on appeal: "We acknowledge that, under the regulation at 8 C.F.R. § 204.5(m)(12), unsatisfactory results from a compliance review are grounds for denial of a petition. At the same time, such a finding does not invariably result in a permanent and irrebuttable presumption of ineligibility; some findings are more easily overcome than others. In this instance, the compliance review report does not indicate that the petitioner's description of the beneficiary's duties was in any way inaccurate or misleading. The inspecting officer declared that the beneficiary's duties appear to be more administrative than religious, but offered no elaboration or explanation. It appears that this conclusion resulted from incomplete information about the beneficiary's work. The petitioner has remedied that defect on appeal, and we see no other deficiency in the record that would prevent approval of the petition as it now stands."
Matter of X-, Feb. 25, 2011.
Hats off to Tien-Li Loke Walsh.