Legal Question in Immigration Law in Kansas

Hello,

I really need advice on what to do next and if there is a point in Re-Filing. Here is some info:

Im holding F-1 Visa, currently on OPT status until 08/2011. Filed I-140 in August 2010 as EB1 extraordinary ability - athletics.

My achievements in athletics:

1. Been in sport for 10 years.

Came to the US in 2006 to compete and study.

2. Member of the National team 2003-2006.

3. Member of the University team 2006-2010.

4. Many times National Champion and prize winner of my own country.

5. Participant of World Cups and hold medals of European Championships.

6. Published in local, regional and some National newspapers at home and some local newspapers here in States.

Many others to go, but those are the major ones.

Did premium processing, got Intend to Deny. Submitted more paperwork, got denial in November 2010.

All this time had an attorney; he claimed to be a professional in this field, but it didnt quite work out.

USCIS critique:

1. Membership in the national team is not sustained from 2006, therefore it doesnt count.. (But, I was here in states all those years, couldnt travel because was in school, plus I have a letter from a President of Athletic Federation for my sport, saying that according to my results that I showed while here in States, I would be the member easily all these years. Moreover, according to today's rankings for my sport in my country, Im holding position #1). Overall, USCIS didnt find membership in the National team to be extraordinary..

2. Some national publications are too short, there has to be a huge article about me. In regional newspapers I have huge articles, but newspapers are considered not major (however, they are professional)

Out of all criteria, they only approved one - national award. Membership and publications are not meeting the criteria. I had about 250 pages of supporting documentation.

I need to know how to go about my weak sides that didn't get approved and what is the best way of having my case approved?

I would greatly appreciate any information. Thanks.


Asked on 3/03/11, 4:40 pm

1 Answer from Attorneys
Attorney Caro Kinsella Law Offices of Caro Kinsella

From the information you have given about your athletic achievements, I am not quite sure why you were denied; as you clearly qualify. I would be interested to see the support letter that was sent with your O-1 petition.

Feel free to give me a call for a free consultation to discuss.

Caro Kinsella

Immigration Attorney

954-304-2243

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Answered on 3/03/11, 8:47 pm


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