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Below the message is from the embassy. Will it most likely to be revoked? --We regret to inform you that after a careful review of your visa application, you have been found ineligible for a O1 visa. After the careful review of your application, the adjudicating consular officer determined that you do not appear to qualify for the O visa classification. In order to receive an O1 visa, an individual must demonstrate extraordinary ability as evidenced by sustained national or international acclaim or a record of extraordinary achievement. During the visa interview followed by a further review on your documents, you were unable to demonstrate to that your educational and professional work experience was truly reflective of this standard.

We have therefore returned the I129s petition to Department of Homeland Security, U.S. Citizenship and Immigration Services with the recommendation that the petition be revoked. Please forward any inquiries you may have concerning your case to USCIS.

Cases returned to USCIS are placed in 221g (pending) status and remain that way until the Embassy receives either a notice of reaffirmation of the petition, or a notice of revocation, from USCIS. Consequently, the consular section at the U.S. Embassy in Tokyo is no longer actively adjudicating this visa application.

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Attorney answers 4

Posted

The consular decision which you cite verbatim above is yet another example of what seems to be an epidemic of consular "re-adjudications" of a case previously analyzed and approved by USCIS.

Do not despair! All is not lost! All you need to do is talk to the attorney who prepared and filed your O-1 with USCIS. He or she will ask you to calmly wait until you hear back from USCIS In a few months, respond to USCIS' Notice of Intent to Revoke and have it sent back to Tokyo to grant the visa. My experience in all such cases has been that once USCIS reaffirms the case (they often do) the consulate will not dare to play this trick on you again (I can almost promise you that: I've been through situations like this many times..) Relax and call your attorney!

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Some lawyer here told me that If the US Consul refused your visa and sent the file back to US CIS for a denial ... it will most likely be denied. My Lawyer did an amazing job to get the approval from USCIC. My concern is if I couldn't keep my approval alive. I know all I have to do is to wait. But I just want to get started to defend my case. Anyway thank you so much!! You've made my day with such a simple, clear explanation.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

My pleasure! Remain optimistic. Time to change lawyers? Please do not forget to designate a "Helpful" and "Best Answer" to your question.

Posted

Without specifics, the likeliness of any outcome is impossible to determine.

Posted

USCIS will take one of two actions:
1) Issue a Notice of Intent to Revoke, which your attorney will have 30 days to respond to. Or
2) Issue a Notice of Re-affirmation, which will automatically be sent to the U.S. Consulate.

USCIS is currently taking more than 6 months, in my recent experience, to issue either of the above actions. You must prepare as if a Notice of Intent to Revoke will be issued, talk with your attorney about that and see what additional evidence you can provide that will show that you qualify and the Consulate is wrong. However, be prepared for something in the Notice of Intent to Revoke to be detrimental to your case and unexpected.

Finally, sometimes it is easier and faster to simply re-file the original petition, add additional documentation of how you qualify, and do the consular processing a second time. However, some Consulates react poorly to re-applying before USCIS finishes handling your case, so be prepared to answer a lot of questions and be forced to wait anyway.

I am not your attorney. I am providing you an answer for general information purposes only. That information should be used as a starting point for addressing your legal issues. It is not a substitute for a consultation with an attorney licensed to practice in your jurisdiction about your specific legal issues. You should not rely on the information above as legal information. Finally, your question and its answers are not confidential and not subject to attorney-client privilege.

Posted

Have a private consultation with an immigration attorney for this kind of a case specific advice.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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