O1 Visa Notification of Revocation. Please Help!

[vibeluck7 0]

On 1/16/2018 at 3:33 PM, jake123 said:

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

Hi Jake, how is thing going there, did you solve your problem?

 

My application was just approved yesterday, may I have a question for you? Did you print another copy of your whole applciation package to go interview?

Thank you!

[jake123 5]

On 11/3/2018 at 6:27 PM, vibeluck7 said:

Hi Jake, how is thing going there, did you solve your problem?

 

My application was just approved yesterday, may I have a question for you? Did you print another copy of your whole applciation package to go interview?

Thank you!

Hey still no news on my end, same situation as before. 

 

When I had my interview yes I had a copy of my entire application with all my evidence for my case with me. The consular officer didn't look at it though, not sure if that's standard practice or if they are supposed to? 

[jake123 5]

On 10/18/2018 at 3:38 AM, vibeluck7 said:

That is really no good

 

Is there anyway you could do now? maybe ask your attorney again, it seems really nervous.

Yes I'm speaking again with my lawyer. They have some ideas but it seems once you're in this situation, there's pretty much nothing you can do to speed it up. 

[vibeluck7 0]

24 minutes ago, jake123 said:

Hey still no news on my end, same situation as before. 

 

When I had my interview yes I had a copy of my entire application with all my evidence for my case with me. The consular officer didn't look at it though, not sure if that's standard practice or if they are supposed to? 

Thank you Jake, wish your problem can be solved as soon as possible.

 

I actually sent two copies for application before, one for original and the other one forward to KCC. It looks so crazy that I need to print one more time as third copy for interview. Did you before send two copies of entire application package as well?

 

Thank you!

[jake123 5]

Hello everyone, I'm updating this for anyone who is either still following or may stumble across this as I noticed a lot of similar posts I was following never seemed to have any resolve, or the OP just stopped responding. 

I do have positive news so if you are in a similar situation, know that it can turn out well in the end though it wasn't without a lot of stress and hassle. Here is a rough time line of events for my story;

 

2016 - June - I started my application, I was very slow at gathering paper work so it took me a long time to get my application ready, this could have been done much quicker if I was more proactive about it.

2017 - May - I submit my application

2017 - June - I receive an RFE (referral for evidence) so I had to gather more information for my case.

2017 - September/October - I resubmit with new evidence

2017 - December - I'm approved by USCIS

2018 - January 3rd (can't forget that day...) - I have my appointment at the US Embassy in London for my interview. I'm told my case needs to be reviewed in more detail. I receive a refusal under section 221g form. 

2018 - January 4th - I receive an email by the Embassy with a notification of revocation stating that the decision has to go back to USCIS for the final say.  

2018 - November - I receive an email from my lawyer stating USICS are affirming (approving) their previous decision. I arrange my next appointment at the embassy to submit my passport for visa processing.

2019 - January 24th - I have my second appointment at the US embassy in London (now new location), I explain my situation so far and how I've been affirmed by USCIS. To my knowledge I was supposed to hand over my passport no questions asked now USCIS have re-approved me after London recommended to revoke my application. 
The consular officer tells me they need to review my case again and that I will have a response within the week. I'm given another refusal under section 221g form. At this point my heart sinks as I know what this means, I'd already lost a year waiting for this moment, only to be told the exact same thing as last time. 
2019 - January 29th - I receive an email from the Embassy asking me to submit my passport and approval notice for visa processing. 
2019 - February 12th - I submit my passport for processing

2019 - February 22nd - My passport is returned with my O1 visa. 

 

So the whole process from the very beginning has taken me over 2 and a half years but I finally had a positive outcome. I think I received a particularly difficult time, I don't think all cases are this problematic (some are worse) but it did work out so if you are reading this and are in a similar situation, it's not the end of the world, it can work out. 

 

I have lost over a year of my visa however, the O1 visa lasts 3 years but as my application was submitted such a long time ago, my visa start date is counted from then. So my visa expires December 2020 and I will then have to go through this process all over again (should I choose to...).

 

If anyone is going through a similar process please don't hesitate to ask me anything. The hardest thing about this situation is how little information is given to you from any official bodies. The constant waiting and not knowing what is going on is incredibly frustrating so hopefully I can help clarify some things if anyone needs it. Good luck!

[Hypnos 6,576]

Glad to hear you finally received your visa. 

 

It sounds as if the embassy were salty about something. USCIS has exclusive jurisdiction over those type of issues though, and if they've already approved it once and then re-affirmed it again, they have clearly expressed their opinion. 

[geowrian 22,337]

37 minutes ago, Hypnos said:

It sounds as if the embassy were salty about something. USCIS has exclusive jurisdiction over those type of issues though, and if they've already approved it once and then re-affirmed it again, they have clearly expressed their opinion. 

I would also point out they cannot refuse the visa for the same reason(s) with the same evidence. They would need to have either a different reason to refuse it again, or the same reason but due to new evidence.

Edited March 7, 2019 by geowrian

[jake123 5]

55 minutes ago, geowrian said:

I would also point out they cannot refuse the visa for the same reason(s) with the same evidence. They would need to have either a different reason to refuse it again, or the same reason but due to new evidence.

Yea I think the London Embassy do seem to operate under their own rules as they see fit. I was told after my first interview they give a lot of musicians going for the O1 a hard time. Shame I wasn't told before I had my interview...

For my second appointment however, even after being affirmed by USCIS, the consular officer basically said 'this interview is for famous people so why should we give it to you?', this is arguably not the criteria for this visa.

 

She said USCIS will approve anything and that they never read applications and that the Embassy has the ultimate authority on who they grant visa's to. She didn't say why she was not going to issue the visa, just that they would need to review it again. She didn't give any new evidence or reasons, it literally seemed like she was going off the fact that she didn't know who I was, therefore I don't deserve this visa. Completely crazy. 

Anyway it worked out as after reviewing it again, someone within the Embassy clearly thought I still deserve it after checking my evidence and history with being approved by USCIS twice. 

 

 

[geowrian 22,337]

17 minutes ago, jake123 said:

Yea I think the London Embassy do seem to operate under their own rules as they see fit. I was told after my first interview they give a lot of musicians going for the O1 a hard time. Shame I wasn't told before I had my interview...

For my second appointment however, even after being affirmed by USCIS, the consular officer basically said 'this interview is for famous people so why should we give it to you?', this is arguably not the criteria for this visa.

 

She said USCIS will approve anything and that they never read applications and that the Embassy has the ultimate authority on who they grant visa's to. She didn't say why she was not going to issue the visa, just that they would need to review it again. She didn't give any new evidence or reasons, it literally seemed like she was going off the fact that she didn't know who I was, therefore I don't deserve this visa. Completely crazy. 

Anyway it worked out as after reviewing it again, someone within the Embassy clearly thought I still deserve it after checking my evidence and history with being approved by USCIS twice.

They're kinda right that USCIS doesn't scrutiny the initial petition much. They check off some basic boxes then pass it along.

But USCIS does review returned petitions pretty thoroughly before affirming them.

 

It's disappointing that they gave you such a hard time even on the second interview, but it sounds like they knew they didn't have a basis to deny it again.

Congrats!

[ChiUK 10]

On 3/7/2019 at 6:24 PM, jake123 said:

Yea I think the London Embassy do seem to operate under their own rules as they see fit. I was told after my first interview they give a lot of musicians going for the O1 a hard time. Shame I wasn't told before I had my interview...
 

 

The one thing my lawyer insisted upon approval was under no circumstance to do my interview at the London consulate... so i chose to take mine in Ireland (i wasn't asked question as to why my filing location was different from interview)

Bear that in mind future filers...

[fs2439 46]

On 3/6/2019 at 10:52 PM, jake123 said:

Hello everyone, I'm updating this for anyone who is either still following or may stumble across this as I noticed a lot of similar posts I was following never seemed to have any resolve, or the OP just stopped responding. 

I do have positive news so if you are in a similar situation, know that it can turn out well in the end though it wasn't without a lot of stress and hassle. Here is a rough time line of events for my story;

 

2016 - June - I started my application, I was very slow at gathering paper work so it took me a long time to get my application ready, this could have been done much quicker if I was more proactive about it.

2017 - May - I submit my application

2017 - June - I receive an RFE (referral for evidence) so I had to gather more information for my case.

2017 - September/October - I resubmit with new evidence

2017 - December - I'm approved by USCIS

2018 - January 3rd (can't forget that day...) - I have my appointment at the US Embassy in London for my interview. I'm told my case needs to be reviewed in more detail. I receive a refusal under section 221g form. 

2018 - January 4th - I receive an email by the Embassy with a notification of revocation stating that the decision has to go back to USCIS for the final say.  

2018 - November - I receive an email from my lawyer stating USICS are affirming (approving) their previous decision. I arrange my next appointment at the embassy to submit my passport for visa processing.

2019 - January 24th - I have my second appointment at the US embassy in London (now new location), I explain my situation so far and how I've been affirmed by USCIS. To my knowledge I was supposed to hand over my passport no questions asked now USCIS have re-approved me after London recommended to revoke my application. 
The consular officer tells me they need to review my case again and that I will have a response within the week. I'm given another refusal under section 221g form. At this point my heart sinks as I know what this means, I'd already lost a year waiting for this moment, only to be told the exact same thing as last time. 
2019 - January 29th - I receive an email from the Embassy asking me to submit my passport and approval notice for visa processing. 
2019 - February 12th - I submit my passport for processing

2019 - February 22nd - My passport is returned with my O1 visa. 

 

So the whole process from the very beginning has taken me over 2 and a half years but I finally had a positive outcome. I think I received a particularly difficult time, I don't think all cases are this problematic (some are worse) but it did work out so if you are reading this and are in a similar situation, it's not the end of the world, it can work out. 

 

I have lost over a year of my visa however, the O1 visa lasts 3 years but as my application was submitted such a long time ago, my visa start date is counted from then. So my visa expires December 2020 and I will then have to go through this process all over again (should I choose to...).

 

If anyone is going through a similar process please don't hesitate to ask me anything. The hardest thing about this situation is how little information is given to you from any official bodies. The constant waiting and not knowing what is going on is incredibly frustrating so hopefully I can help clarify some things if anyone needs it. Good luck!

Congratulations, Jake! So happy for you! If they didn't know who you are, should have asked in this thread what city are you moving to or did you move to?

[jake123 5]

On 3/15/2019 at 12:03 AM, fs2439 said:

Congratulations, Jake! So happy for you! If they didn't know who you are, should have asked in this thread what city are you moving to or did you move to?

Thank you! Sorry I just realised I never replied to this. Yea I worry if they saw this thread they might try to use it against me! I've just moved to Los Angeles, been here for 2 months now. Still pretty new in town!

[jake123 5]

On 3/9/2019 at 11:45 AM, ChiUK said:

The one thing my lawyer insisted upon approval was under no circumstance to do my interview at the London consulate... so i chose to take mine in Ireland (i wasn't asked question as to why my filing location was different from interview)

Bear that in mind future filers...

Hi yes I definitely won't be going back to London for my next O1. I went for a B1 visa at the Belfast embassy and no issues there. London are particularly strict. 

[fs2439 46]

2 hours ago, jake123 said:

Thank you! Sorry I just realised I never replied to this. Yea I worry if they saw this thread they might try to use it against me! I've just moved to Los Angeles, been here for 2 months now. Still pretty new in town!

Have fun

[geowrian 22,337]

7 hours ago, jake123 said:

Hi yes I definitely won't be going back to London for my next O1. I went for a B1 visa at the Belfast embassy and no issues there. London are particularly strict. 

To be fair, comparing a B visa experience vs that of an O visa is apples and oranges.