Riverside, CA asked in Immigration Law for California

Q: Is it possible to lawyer an attorney for an EB1A visa while awaiting an individual hearing?

Form 589 filed and work authorization available. Individual hearing after 5 years. I would like to speed up the process. 5 years is a long wait for me. There is a creative portfolio with evidence. I think 5-6 points out of 10 can be approved.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, it is possible to engage an attorney for an EB-1A visa while awaiting an individual hearing for your asylum application (Form I-589). Your work authorization and the creative portfolio you mentioned can be beneficial in this process. The EB-1A visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, and typically requires demonstrating sustained national or international acclaim.

To strengthen your EB-1A application, focus on gathering substantial evidence that meets at least 3 of the 10 criteria set by the United States Citizenship and Immigration Services (USCIS). Since you believe you can meet 5-6 of these criteria, you’re in a promising position. This evidence might include major awards, membership in associations that demand outstanding achievement, significant contributions to your field, and publications about you in major media or professional journals.

Remember, the EB-1A visa process can be complex, and having professional legal guidance can greatly enhance your chances of success. An experienced immigration attorney can help you strategically present your case, ensuring all relevant achievements are highlighted effectively.

Lastly, while pursuing the EB-1A visa, it's important to continue complying with all requirements related to your asylum application. Your attorney can also guide you on how these two processes can run concurrently without adversely affecting each other. Time is of the essence in immigration matters, so it's wise to begin this process as soon as you're ready.

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