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USCIS Texas Service Center Withdraws Unjustified Fraud Decision. By Roger Algase

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Around the beginning of June, 2014, I posted a series of comments relating to a determination made by the USCIS Texas Service Center that one of my clients had allegedly committed fraud or willful misrepresentation in connection with an I-140 self-petition for EB-1 extraordinary ability classification. The fraud finding was made without the slightest justification, without any prior notice or opportunity to rebut the charges, and was based on an egregious mischaracterization of the evidence in the case. See, for example, my ilw.com comments for June 6, 2014 and June 9, 2014.

I am happy to report that after my filing appropriate motions, the TSC, though a different examiner, has now issued a new decision specifically finding that there was no basis for the fraud determination and withdrawing that decision, while reopening the entire case in order to give the petitioner an opportunity to submit more evidence of eligibility for the requested EB-1 benefit.

I want to express my sincere thanks and appreciation to New York Senator Kirsten Gillibrand and her immigration counsel, Michael Eatroff, for their help in bringing this matter to the attention of a TSC supervisor. Their help was invaluable in having the TSC review and withdraw the unsupported fraud accusation, which could have destroyed the career in the US of someone who only "fault" was producing work which leading experts in the person's field have judged to be of extraordinary ability, as well as making an important original contribution to the field in question.

I also want to commend and express my appreciation to the Texas Service Center for its willingness to take a closer look at the facts of the case and for issuing a new decision which should ensure that this petition will be decided on the actual merits rather than on the basis of entirely misplaced accusations of wrongdoing.
______________________________
Roger Algase is a New York lawyer and a graduate of Harvard College and Harvard Law School. He has been practicing employment-based and family-based immigration law for more than 30 years.

His practice is concentrated in H-1B and O-1 work visas, J-1 training visas, and green cards through labor certification and extraordinary ability, as well as through opposite or same sex marriage. His email address is algaselex@gmail.com

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Updated 08-30-2014 at 09:23 PM by ImmigrationLawBlogs

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Comments

  1. federale86's Avatar
    Sounds like political pressure rather than facts determined this outcome.
  2. ImmigrationLawBlogs's Avatar
    federale86's ignorant and irresponsible comment is based on total lack of knowledge of the actual facts of this case. If there was any political pressure, it would have come from superiors of the officer who made this unsupported fraud finding to look for any possible pretext for revoking the previous petition approval.

    This would have been entirely in keeping with the Obama administration's "culture of no" regarding employment based immigration petitions in general.

    The TSC has yet to make a final decision about whether the petitioner has met all the complex and strict legal requirements for EB-1 extraordinary ability classification. Thanks in large part to the Senator's office's intervention, I am confident that the final adjudication will be fair and based only on the evidence, whichever way it turns out.

    But the TSC has, correctly and justly, finally determined that there was no evidence of fraud or misrepresentation in this case. This issue never had the slightest foundation in fact and should never have been raised by the TSC at all.

    Roger Algase
    Attorney at Law
    Updated 08-12-2014 at 02:25 PM by ImmigrationLawBlogs
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