OPINION & ORDER Plaintiff, Ji Lin, challenges four decisions by U.S. Citizenship and Immigration Services (“USCIS”) relating to his petition for U nonimmigrant status under the Administrative Procedure Act (“APA”). Compl., ECF No. 1. The government moves to dismiss the complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). Gov’t's Mot. Dismiss, ECF No. 14. For the following reasons, I grant the government’s motion as to plaintiff’s claims concerning: (1) the October 9, 2019 decision on plaintiff’s Form I-192; (2) the February 12, 2020 decision on plaintiff’s first Form I-290B motion to reconsider; and (3) the July 16, 2020 decision on plaintiff’s second Form I-290B motion to reconsider. I deny the government’s motion as to plaintiff’s claim challenging the October 9, 2019 decision on plaintiff’s Form I-918, but I dismiss this claim sua sponte for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). LEGAL BACKGROUND “U nonimmigrant status, otherwise referred to as a ‘U visa,’ is a temporary legal status set aside for victims of certain crimes who have suffered mental or physical abuse and provide assistance to investigations or prosecution of criminal activity.” Morris v. Nielsen, 374 F. Supp. 3d 239, 244 (E.D.N.Y. 2019) (citation and quotation marks omitted); see 8 U.S.C. §§1101(a)(15)(U)(i), 1184(p); 8 C.F.R. §214.14(b). To petition for U nonimmigrant status, applicants must submit a Form I-918 to USCIS. 8 C.F.R. §214.14(c)(1). Even if applicants otherwise meet the criteria for U-visa eligibility, they cannot obtain U nonimmigrant status if they are “inadmissible” to the United States. 8 U.S.C. §1182(a). To overcome this hurdle, they may apply for advance permission to enter as a nonimmigrant under 8 U.S.C. §1182(d)(3)(A) or for waiver of inadmissibility under 8 U.S.C. §1182(d)(14). Applying for both benefits requires submitting a Form I-192 to USCIS. 8 C.F.R. §214.14(c)(2)(iv). Pursuant to §1182(d)(3)(A), the government, in its “discretion,” may allow otherwise inadmissible noncitizens to enter the United States temporarily to apply for nonimmigrant visas. Pursuant to §1182(d)(14), “[t]he Secretary of Homeland Security, in [his] discretion, may waive” inadmissibility “if the Secretary of Homeland Security considers it to be in the public or national interest to do so.” If USCIS denies their I-918 or I-192 petitions, applicants may seek to reopen or reconsider those decisions by filing a Form I-290B. 8 C.F.R. §103.5(a)(1)(i), (iii). FACTUAL BACKGROUND Plaintiff, Ji Lin, is a noncitizen residing in Brooklyn, New York. Compl. 6. Having been the victim of three robberies as a restaurant deliveryman, plaintiff filed a petition for U nonimmigrant status on July 8, 2014. Id.
