O1 Visa Notification of Revocation. Please Help!

[jake123 5]

Hello all, 

I'm hoping someone will be able to offer some advice, I've see a few posts on various forums about this particular matter but have yet to see an answer or definitive outcome to this situation.

 

Some context about my case - For nearly two years I have been working on my O1 visa case with my lawyers; Kate Raynor & Associates. I have two job offers in Los Angeles waiting for me as a musician; one to join a band and the other to be an on call session guitarist to one of LA's top song writer/producers. 

 

We submitted my case with USCIS in June 2017 to which I was asked for more evidence. I was annoyed but did as requested and gathered more evidence then re-submitted at the end of October 2017. I then received a positive outcome mid December 2017 stating my O1 visa had been approved. I booked an appointment for my interview and to send off my passport to get stamped at the US embassy in London on January 3rd 2018.

 

The interview didn't go as expected as I was told they would need to review my case further, the next day I received an email from the embassy with a 'notification of revocation'. The decision will now go back to USCIS who will either agree with the London embassy's recommendation to revoke my visa, or they might still think I deserve the O1 (I would think they would side with the embassy though).

 

The average response time from USCIS seems to be about 6-12 months, possibly longer. As anyone can understand this is pretty ridiculous as no job offer will realistically wait indefinitely for an answer, even if it is positive, especially in the music industry.  

 

I have been given no specific reason as to why they are trying to revoke my visa other than one short line in the email saying 'The request for revocation is based on further administrative review of the applicant’s qualifications conducted subsequent to your visa interview at Embassy London.' This seems incredibly unreasonable as the interview only lasted about 5 minutes, I was asked about 5--10 questions which were somewhat vague, so I was unable to talk about 90% of the evidence that granted me the initial approval. It also appeared the consular officer who interviewed me had no previous knowledge of my case, so was basing the entirety of his decision on my answers in that moment.

 

Does anyone have any knowledge/experience on how to resolve this matter quickly, ideally with the visa ultimately being approved? (as it has been approved in principal in the US). 

 

This decision will have massive long term ramifications on my life as, from now on, if I travel to any other country and they ask if I have ever been denied a visa, I will have to say yes and explain why. This will obviously count against me and will potentially impact my ability to work as, being a musician, I'm often required to travel all over the world for gigs. So the embassy's decision to refuse a visa to work in the US will now risk my ability to work anywhere else. It will also affect the band and producer who have offered me jobs as they will now have to start looking for other guitarists to fill my spot until this matter can be resolved, which again will affect their ability to work and progress. 

 

Thanks for reading, I can give more info if needed, I didn't want to post too much straight away as that'll probably scare people off!

Jake

[Hypnos 6,576]

At this point you likely have few options other than waiting for the review to complete. 

[geowrian 22,337]

Agreed, you just need to wait it out at this point. Good luck.

 

The embassy does not care that you will have to declare a visa refusal in the future...that just is not part of their consideration for visa eligibility.

[Jeanne Adil 1,651]

No way to do it fast

just helped a VJ member to get reapproved after revocation of a visa / process took a year and a half

it will be up to you to show that the O1 was a position that is specialized and can not be filled by the band by a USC or green card holder already here

whatever,  you need to wait the 6 or so months for case to be returned to USCIS and the letter of explanation to come

then,  gather the needed evidence to show why you are the only one that can fill this position (chances it will be taken by time you do so need to have the band explain you are more qualified than someone else and they need you and only you)  the O 1 is hard to prove as the US has qualified people to fill any position and / or job here unless you are an exceptional tallented mastermind

[jake123 5]

19 minutes ago, Hypnos said:

At this point you likely have few options other than waiting for the review to complete. 

Some recommendations have been to pull the entire case and start again, pay for the expedited service so the case is dealt with quicker as a potentially faster way to move forward rather than waiting indefinitely for response. Do you think that would work? As essentially I already have an approved visa case on paper, so we'd be fairly sure the evidence is sufficient to grant me an approved visa again?

[Coco8 1,042]

UCSIS does not really care about the opinion of the consulate. 

 

15 minutes ago, Jake Faun said:

Some recommendations have been to pull the entire case and start again, pay for the expedited service so the case is dealt with quicker as a potentially faster way to move forward rather than waiting indefinitely for response. Do you think that would work? As essentially I already have an approved visa case on paper, so we'd be fairly sure the evidence is sufficient to grant me an approved visa again?

I don't think that will help. The consulate can deny it again and they will most likely do.

 

However, I have seen cases in which USCIS reaffirms the case and the consulate goes back on their decision. This won't happen if you start over. 

 

 

[mindthegap 2,590]

Frustrating that you haven't been told exactly why!

 

Honestly, I would be tempted to refile with premium processing. It would certainly be quicker albeit expensive.

Perhaps modify how the evidence is presented to improve the chances in your favour.

O1s are all about how it is presented and a good O lawyer should know how to sprinkle the magic in that respect

 

 

[jake123 5]

My lawyer did tell after the interview that apparently the London embassy has been known to cause issues with approved visas/is more strict than others. They also thought the fact that the embassy is about to move location could have had something to do with the decision, as their priorities at this time might not be checking every applicants case thoroughly so might have missed something with the move coming up. So the recommendation to refile with with premium processing, then arrange the interview at a different embassy, perhaps one that isn't as problematic as London, might be the best way to go? 

[jan22 3,056]

Two things --

1. First, you never had an approved visa -- you have/had an approved petition, which is the USCIS-based start of the process.  That gives you the approval to apply for the visa, which is the Embassy portion.  While the approved petition is prima facia evidence of qualification for the O-1 visa, it is based solely on the papers you sent in.  The Embassy interview is to confirm that information and/or develop new information.
2. Secondly, starting over and going to a different Embassy will not resolve your issues.  It will appear to be exactly what it is -- visa shopping, trying to get a different answer by changing location.  The second Embassy will have access to all the information/issues from your London case, and will likely wait to see the resolution of that case before moving forward with the second application.

 

[Coco8 1,042]

On 1/16/2018 at 7:22 PM, Jake Faun said:

My lawyer did tell after the interview that apparently the London embassy has been known to cause issues with approved visas/is more strict than others. They also thought the fact that the embassy is about to move location could have had something to do with the decision, as their priorities at this time might not be checking every applicants case thoroughly so might have missed something with the move coming up. So the recommendation to refile with with premium processing, then arrange the interview at a different embassy, perhaps one that isn't as problematic as London, might be the best way to go? 

 

1- You cannot apply for this visa in a consulate in which you do not reside, particularly for this type of visa. They will also check and see that you got refused at another place. This is not visa shopping. 

 

2- There is at least another case on VJ of someone who got the O1 on administrative processing for ever. An important academic who was hired to chair a department at an university.  He also tried an H1B and the same happened. As far as I know, he is still waiting, and has been waiting for like 8 months if not more.

 

3- As I said, filing again will just hurt your case. Once USCIS reaffirms the case the consulate has to consider it again. Doing another petition is not going to change their minds and it will probably get refused again. 

 

4. If you had missed something, USCIS would have asked for an RFE. 

 

 

[MacUK 983]

I think the OP was referring to the London embassy changing location, not trying to go to a different embassy

[jan22 3,056]

54 minutes ago, MacUK said:

I think the OP was referring to the London embassy changing location, not trying to go to a different embassy

Nope....his last post referred to arranging a vIsa interview at a "different embassy", one that wasn't as "problematic" as London.

[MacUK 983]

10 hours ago, jan22 said:

Nope....his last post referred to arranging a vIsa interview at a "different embassy", one that wasn't as "problematic" as London.

You are correct, I hadn't seen that sentence

[Boiler 45,524]

Well there is a Consulate in N Ireland, perhaps that is what he meant, the Embassy does not deal with visa's.

 

You presumably paid big bucks to a LAwyer that specialises in O1's, I would take their guidance.

[jan22 3,056]

4 hours ago, Boiler said:

Well there is a Consulate in N Ireland, perhaps that is what he meant, the Embassy does not deal with visa's.

 

You presumably paid big bucks to a LAwyer that specialises in O1's, I would take their guidance.

????? 

There is no US Consulate in Northern Ireland. (There is in Edinburgh, but it doesn't process visas.)  And, the Embassy in London does process visas.  So, I'm not sure what you mean by your first statement.