Need some info on Re-Filing after Denial

#1
Hi everyone,

I really need somebody's advice on what to do next. 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. Came to the US in 2006 to study and participate for university team.

My achievements in athletics:
1. Been in sport for 10 years.
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 a lawyer, paid a lot of money, but as you can see, it didnt quite work out. He claimed to be a professional in this field. Never got denials before.

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). 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 am very upset and dont know what to do. I am afraid to hire the lawyer, because all of them say that my case is pretty good, but we already lost a lot of money for nothing. I do not want to repeat the same mistake. My Lawyer suggested appealing the decision, but it would cost me about 15,000 more and about several years o processing. I just do not have such money and time.

I have decided to reapply and need some advice on how to go about it. I will be a self petitioner, luckily there is no employer offer needed. I may hire some lawyer, but if it is not too expensive - I need the one that knows what he is doing.
I would greatly appreciate any information. Thanks.
 

namecheckvictim

Registered Users (C)
#2
Seems like your Attorney milked you for the money.
Your case as described above has no solid ground to stand on for EB1 category.
You are applying for something that is based on the activity in 2006 and the problem is that at the time of approval you should be actively involved in that category.
You will more likely have the same outcome of the appeal, if I were you I would save the $15 grand on the appeal and explore other avenues for US immigration.
 
#3
Thanks for your response.

I never stopped doing sports, I just was here most of the time in States. The truth is, my membership for the National Team ended in 2006. I ranked top 5 in the country since 2006 until today constantly. I've got a letter from the President of Athletic Federation saying that I would be a member if I was home more often. I could not travel more than once a year for championships and it was not enough at all. My case needs to be put well. It has some good documentation. Along with letters of recommendation from Olympic Champions that trained with me back home.

I am still actively involved in this category, and I also got an offer from one of the US clubs to compete and train with..
Do you think it gives me more hope for this case?
I really really need some help on this. For me there is no other way to get PR..I am just a bachelor and do not have any hope for a job that will work with me on Green Card, especially with today's job market.
From my point of view, I have a good case, but I just do not know how to put info well together...
 

namecheckvictim

Registered Users (C)
#4
While it all looks good from your Country of origin's perspective, it doesn't seems to be beneficial for US.
Remember you are applying for US immigration, you ranked top 5 in your country of origin, you got a letter from the Athletic president of your country of origin, letters of recommendations are from Olympic champs from your country of origin, if all of this was coming from people from US it would have been a lot different.
An offer to train and compete in a US club would be different with recommendations from US Olympic champs in that category.
I'm sorry to be so critical but these are all of the few aspects your appeal will face warranting negative outcome.
Get a second opinion from a really good attorney in your area before you appeal and possibly waste more money. Please indicate which city and state you are in so I can recommend a attorney in that area.
 
#5
You are making good points. Thanks a lot, I think I got it from here on. I appreciate your feedback. It gives me the chance to think about my weak areas and how to improve them.
Thanks again :)
 
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