P1A & P1S for Figure Skater and Mom

• Applicant: Anna & Christina
• Country/Region: Hong Kong, China
• Visa: P1A and P1S
• Sport: Figure Skating
• Challenges:
  • Anna’s mom, Christina, wasn’t her trainer, coach, or agent, usually required for a P1S visa.
  • They were on tight schedules with Anna’s competitions
  • They had no connections or ties to the U.S.
  • They didn’t have letters from an agency to prove Anna was renowned
  • Time was very limited. Needed to obtain visa in 3 months or else Anna would miss her competition
  • Anna was warned that she can no longer come to the U.S. on a tourist visa because of her frequent visits and competitions.

BACKGROUND

Young Hong Kong resident Anna Yang had a passion for figure skating. Anna turned this passion into a successful competitive career that was supported and facilitated by her mother, Christina. Anna’s mom took care of all the necessities of being a successful competitive skater that didn’t involve putting on a pair of skates and stepping on ice. Entering competitions, booking travel, booking accommodations, scheduling practices, Christina did it all. As a result of their success, Anna and Christina found themselves frequently visiting one of the most competitive countries in the world for sports of almost any kind: the United States.

However, what initially was a sign of success became a source of trouble when a U.S. Customs and Border Protection officer warned them that their frequent travel without a visa made them suspicious in the eyes of U.S. immigration officials. This was an alarming development as Anna had a major skating competition coming up in just a few months. As she always did, Christina jumped in to figure out how to rectify the situation. Many attorneys she contacted suggested Anna obtain a F-1 U.S. student visa, under which Christina could be registered as an F-2 dependent. This didn’t satisfy them, as Anna had no interest in being a student again. Skating was Anna’s passion and that is to what she intended to dedicate herself to.

Just when they were giving up hope, they were referred to Tsang and Associates by a fellow performer whom we assisted in a similar case and they quickly flew to the U.S. to meet with our team. It was unquestionable that the best alternative was to apply for a P-1A and P-1S visa for them as the child was an international athlete and the mother was her agent.

KEYS TO SUCCESS

The requirements necessary to obtain a P-1A visa status from the United States Citizenship and Immigration Services are as follow:

• Applicants must be coming to the United States to participate in a specific event, competition, or performance.
• An explanation and itinerary of the event.
• Two documents that show the applicant has high achievements and is renown in their field in more than one country.
• A copy of a contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport.
• An I-129 form and supporting documentation filed by a prospective employer establishing intent to work.
• The U.S. employer must submit a consultation from an appropriate labor organization. The consultation must describe the work or services to be performed in the United States and the applicant’s qualifications for such work. If no appropriate labor organization exists, this requirement is excused.

High Level of Achievement, Skill, and World Renown

Our first obstacle to tackle was compiling evidentiary documents that would establish Anna’s high skill and achievement as a professional skater. After extensive research and communication with various skating organizations, we were able to obtain an endorsement for Anna from the Professional Skaters Association, the largest figure skating coaches association in the world.

In concert with this accomplishment we needed to establish that Christina was essential and relevant support to Anna in order for her to qualify for the P-1S visa status that would allow Christina to chaperone her trips. This was a more complicated task as the P-1S is primarily reserved for a trainer, coach or agent in some contractual form. We circumvented this issue by submitting documents that established that Christina was involved in all facets of Anna’s career from her training schedule to playing the role of agent when it came to entering her in competitions.

Finally, although Anna had no ties to the U.S., we were able to secure her a consultation with a labor organization that helped establish that connection. Having worked diligently many hours, Tsang and Associates filed the case in October 2016 and was able to gain approval for Anna and Christina’s visas by January 2017, right in time for her tournament and a new year of competition.

OUTCOME

Finally, although Anna had no ties to the U.S., we were able to secure her a consultation with a labor organization that helped establish that connection. Having worked diligently many hours, Tsang and Associates filed the case in October 2016 and was able to gain approval for Anna and Christina’s visas by January 2017, right in time for her tournament and a new year of competition. Having gained visas allowing them three years to come and go freely, mother and daughter were elated to be able to pursue Anna’s skating dreams without the worry of immigration issues. They came to us discouraged about their prospect for success in rectifying their immigration status, but we believed in our clients and our capacity to navigate the law for them and opened the door to the American dream. They were thrilled.