Green card purgatory

[HarryHonolulu 1]

Hey all

I am currently awaiting my EB-1’s fate and felt it would be somewhat cathartic to post on here.

 

im 36, have a BA and an MFA from two US schools. I have had four 0-1 visas in a row and finally my attorney told me I was ready to apply for a talent-based Green card.

 

she is a top lawyer in NYC so obviously this journey has been a substantial financial investment.

 

my lawyer has stated countless times that I have a very strong case.

 

however, after submitting the petition, USCIS came back with an RFE which frankly shocked me. 

 

So my lawyer and I have pumped even more juice/evidence into the petition and sent it back last week.

 

i’m just feeling really nervous about the whole thing. 

 

does anyone know if RFEs in the age of Trump are almost like a rite of passage? Kinda like taking your shoes off at the airport ?  Or do they actually represent a step backwards and impact the final outcome negatively? 

 

 

 

[Boiler 45,486]

Very rare to see an EB1 where an EMployer is not sponsoring, well for me anyway.

 

But seems common RFE's to occur, whether more so for someone self petitioning I do not know.

[HarryHonolulu 1]

44 minutes ago, Boiler said:

Very rare to see an EB1 where an EMployer is not sponsoring, well for me anyway.

 

But seems common RFE's to occur, whether more so for someone self petitioning I do not know.

It’s a talent based green card for “aliens of extraordinary ability“. 

[Boiler 45,486]

I know what it is, just mentioning that most are Employer sponsored and RFE's seem common.

[SusieQQQ 11,586]

Bit worrying that this “top lawyer” didn’t put enough in the package to prevent an RFE. What is her success rate at this type of green card conversion?

 

Boiler, I think it depends somewhat on the underlying skills for O. The O-to-GCs I know have indeed been company sponsored (these have been very highly skilled people brought into senior positions at local companies), but I think the artists, filmmakers, musicians etc tend to do it themselves?

Edited February 10, 2019 by SusieQQQ

[Boiler 45,486]

3 minutes ago, SusieQQQ said:

Bit worrying that this “top lawyer” didn’t put enough in the package to prevent an RFE. What is her success rate at this type of green card conversion?

 

Boiler, I think it depends somewhat on the underlying skills for O. The O-to-GCs I know have indeed been company sponsored (these have been very highly skilled people brought into senior positions at local companies), but I think the artists, filmmakers, musicians etc tend to do it themselves?

I agree, I was trying to point out that the company sponsored ones get RFAEs and you would think they would be 'cleaner'.

[HarryHonolulu 1]

I waited many years until she finally told me "The time has come to apply for the Talent Based Green Card". She gave me a 99% success ratio.

 

When the RFE came in, she pointed to the officer's own ignorance of the law because "the case is objectively excellent and meets the requirements".

she specifically addressed the RFE issues and I, on my end, submitted even more evidence. this past year has been a very positive one for me, professionally.

 

going back to my original question, i am trying to figure out if RFE's are common or if I should be concerned

 

 

[SusieQQQ 11,586]

2 minutes ago, HarryHonolulu said:

I waited many years until she finally told me "The time has come to apply for the Talent Based Green Card". She gave me a 99% success ratio.

 

When the RFE came in, she pointed to the officer's own ignorance of the law because "the case is objectively excellent and meets the requirements".

she specifically addressed the RFE issues and I, on my end, submitted even more evidence. this past year has been a very positive one for me, professionally.

 

going back to my original question, i am trying to figure out if RFE's are common or if I should be concerned

 

 

Um

all I get from the above is that the lawyer thinks she did a good job and the USCIS officer disagreed. 

Did you speak to any of her previous clients?

 

As boiler has said, RFEs are fairly common. Mostly it’s company lawyers sorting it out on the company dime though. 

[HarryHonolulu 1]

yes most of my friends have gone through her and all had successful petitions

they are all in my field and do pretty much exactly what i do

this was pre-trump

[SusieQQQ 11,586]

Anecdotally yes this administration has been issuing more RFEs for EB visas 

I would expect a lawyer specializing in this field to be aware of that and to pack the petition with evidence to pre-empt that. 

Do you know the specifics of your friends’ cases, if they got RFEs too? 

[HarryHonolulu 1]

Just now, SusieQQQ said:

Anecdotally yes this administration has been issuing more RFEs for EB visas 

I would expect a lawyer specializing in this field to be aware of that and to pack the petition with evidence to pre-empt that. 

Do you know the specifics of your friends’ cases, if they got RFEs too? 

they all filed before DT got into office

 

anyway not much I can do.

thanks 

[SusieQQQ 11,586]

5 hours ago, HarryHonolulu said:

 

 

So my lawyer and I have pumped even more juice/evidence into the petition and sent it back last week.

Seems this “juice/evidence” should have been in the application to begin with?

[HarryHonolulu 1]

Just now, SusieQQQ said:

Seems this “juice/evidence” should have been in the application to begin with?

no because the petition was submitted a year ago and since then I have had many positive things happen that were obviously not included in the original petition

[SusieQQQ 11,586]

I wish I had a lawyer business model

charge by the hour

mess it up? Charge by the hour to fix it 

stunning stuff 

 

Just now, HarryHonolulu said:

no because the petition was submitted a year ago and since then I have had many positive things happen that were obviously not included in the original petition

But your lawyer was adamant that everything in the original petition was enough to begin with? Yet apparently it wasn’t, because the evidence provided was not adjudged sufficient to back up the claims made (I assume, this being the main reason for an RFE)

i dunno, this doesn’t all add up to me, but as you say you know her  and she was successful with all your friends so feel free to ignore the opinion of a removed internet observer ...

[HarryHonolulu 1]

Just now, SusieQQQ said:

I wish I had a lawyer business model

charge by the hour

mess it up? Charge by the hour to fix it 

stunning stuff 

 

But your lawyer was adamant that everything in the original petition was enough to begin with? Yet apparently it wasn’t, because the evidence provided was not adjudged sufficient to back up the claims made (I assume, this being the main reason for an RFE)

i dunno, this doesn’t all add up to me, but as you say you know her  and she was successful with all your friends so feel free to ignore the opinion of a removed internet observer ...

well you're kind of pouring salt in the wound, not sure why you would lean towards questioning everything this lawyer (or I) have done instead of looking at the more positive aspects e.g. that RFEs are not doom and despair and that from what I have read they are increasingly common in Trumpland.

honestly that's why I came on here. for a little support.

selfish, maybe. but it's only human

instead I am being told my lawyer is basically a crook who messed up my application in order to fix it and get paid more. come on.

SURELY there are situations in which an Officer finds issues with an application, even as far as the "fine print" goes, which perhaps the lawyer misinterpreted or did not foresee? if lawyers got it all right from the start then why would there be an RFE to begin with, or any denials/approvals for that matter? I was always under the impression that it is, unfortunately, a subjective process and that no matter how much evidence one presents there will always be the possibility that someone is denied for reasons beyond one's control. 

I am not at that point, thank God, but I really don't want to come onto a forum and feel worse than I did before. so I'll just update you once I find out how it all went. hopefully with some good news.

hope you understand where I am coming from. and again I really appreciate the time you dedicate to replying.