N1cky

Argh! Just heard that our Green Card Application has been denied.

Hubby has had a long talk with the lawyers today, and they are of the opinion someone very officious has done the application, and is just being a total prat.

Apparently, they came back with 3 points on the RFE, 1 of which was a question around his original position for the company in the UK. You would have thought that would have been covered at L1 visa stage, or either of the renewals.

2nd point was if the company could actually afford to pay him. Which is just unbelievable considering the company he works for. For those who don't know, think of a very famous mouse.

3rd Was the UK/US company the same

Points 2 and 3 went away, but was denied on point 1

The lawyers have said these things get overturned all the time, although there are never any guarantees, we have a very strong case... I believe our other option is simply to re-file. However, the lawyer is adamant on re-opening the case, this is the companies first ever denial, (and they have done a lot) and is on a real rant that this doesn't happen to us...

I'm just after info on people's experiences with this, are our chances good...?

I can't believe after 6 years, we're finally at this stage. Someone else in his office has recently applied, and was granted their GC, he reports into my hubby. I guess I hadn't seriously considered it an option that we would be denied.

Feeling absolutely numb right now

Bob

Oh no, sorry to hear that

No advice from me though...but I'm sure the lawyers are on the ball on this one.

Good luck!

hungryhorace

Firstly, don't worry. I know that's easier said than done right now, but there IS a process by which USCIS can reassess the petition via the MTR process.

Given Disney probably employ some fairly aggressive immigration attorneys, I would simply listen to them and do as advised. If they are confident it can be overcome, you should be too. It's just going to take a little longer than hoped for.

N1cky

What's the MTR process?

hungryhorace

Motion to Reopen. http://www.uscis.gov/forms/questions...ls-and-motions

S Folinsky

If is who I think it is -- you may have an office with one of the best immigration attorneys I know.

Furthermore deponent sayeth not.

crg

The mouse has been rumored to have gotten the government to create their own tailor made nonimmigrant work visa application in the past. I'd trust their attorney's to handle it.

hungryhorace

The Q visa is even nicknamed the Disney visa I believe?

N1cky

Thanks. It was pretty obvious, that just shows how numb my brain is right now.

That's reassuring. Whenever, we have had direct dealings with the head man, he's always been great, so fingers crossed he'll get this sorted.

The denial all seems really silly, it would appear it is based on his UK role. As they granted two L visas, and one renewal, you would have thought that would all have been settled.

This could be a very long 6 months.

crg

I've heard the term.

Here's a somewhat self serving aspect of the classification:

"The Q nonimmigrant visa does not have a provision for any spouse or children to accompany or follow to join a Q-1 nonimmigrant. Therefore, any spouse or children must qualify for a visa classification for which they may be eligible."

N1cky

So, has anyone had any experience of going through a Motion to Reopen, and what was the outcome?

S Folinsky

Some are granted, some are denied.

N1cky

Very insightful. Thank you!

S Folinsky

It really does depend on the facts. And sometimes, we take advantage of the fact that denials are often "without prejudice" to filing again! You have to take note of the prior denial and address it, but you avoid a lot of the procedural folderol inherent in MTR's. [This is not always possible].

Every case is different.

RICH

N1cky, I'm sorry to here of this set back. It is obviously upsetting, and some encouragement/hope would be useful. Unfortunately I can't say I have heard/read of any others with this experience.

It sounds like you have good (even the best) legal advice, but in BE terms it looks like you are a Guinea Pig. Fingers crossed for you, and please keep us informed.

On a lighter note, did you tell them it was a mickey mouse company, or The Mickey Mouse Company!