Legal Question in Immigration Law in New York

EB-1 Appeal:

The application fulfilled 3 categories but was still denied since the totality/overall picture didn't show extraordinary ability to the USCIS. 20 Recommendation letters from experts in the industry were not even looked at and the membership in an organization which requires outstanding abilities was also denied.

I go back and forth between appealing and re-filing. Is there anyone who sees a case in an appeal?


Asked on 4/13/11, 11:25 am

3 Answers from Attorneys

Rebecca White Law Office of Rebecca White

Re-filing is often a faster option - appeals can take far longer to be adjudicated. There may be other considerations, depending upon your current immigration status however.

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Answered on 4/13/11, 11:36 am
Dianne Brooks The Mandel Law Firm

In either case get an attorney to assist you with your application if you haven't done so already. A good immigration lawyer may have some insight into why you were denied as well as how to prepare a package that will be approved.

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Answered on 4/13/11, 11:41 am
Nicklaus Misiti Misiti Global, PLLC.

I agree with both of the above posts, however, there are many facts specific to your case. You need to sit down with an attorney and have them analyze your matter. To set up a consultation with my firm you can contact us at 212 537 4407 or fill out the form on my website www.misitiglobal.com.

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Answered on 4/13/11, 12:07 pm


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