Passed EB-1A Interview with Flying Colors Despite Previous Political Affiliation and Birth Record in the U.S.

Year: 2018
Nationality: Chinese
Applicants. Mr. Xie and family (three)
Petition Category. EB-1A Immigrant with Distinction

Difficulties in this case:
– Mr. Xie has spent most of his working experience in state-owned enterprises
– Mr. Xie used to be a party member
– Mrs. Xie went to the U.S. to have a baby and stayed in the U.S. for 5 months, and has not been to the U.S. since then

Brief background:
Mr. Xie found Tsang & Associates through our website in 2017 and asked us to evaluate his EB-1A petition with great care. After carefully reviewing and evaluating Mr. Xie’s qualifications and circumstances, and after months of non-stop preparation, Tsang & Associates filed the I-140 EB-1A petition for Mr. Xie with USCIS in the second half of 2017, and received an approval notice two weeks later without a supplemental filing (RFE). After receiving the USCIS approval notice, Mr. Xie’s family was very happy, but also vaguely worried about the next immigrant visa interview at the consulate because of Mr. Xie’s work experience and party membership, as well as the fact that his wife had given birth to a child in the United States. Mr. Xie was very worried about the interview at the Guangzhou Consulate, so we carefully prepared a complete set of interview documents for Mr. Xie’s family and provided interview counseling to help his family successfully obtain their green cards.

Keys to success:
In the shadow of the Trump administration’s gradual tightening of immigration policies, the difficulty and uncertainty of the green card interview has increased accordingly. While approval by the USCIS is the first step, the success of the second step of the immigrant visa interview is also extremely important and critical. In order to make Mr. Xie’s family’s interview process smooth, Tsang & Associates assisted Mr. Xie’s family with all the preparations for the immigration interview in Guangzhou. After going through the National Visa Center (NVC) process After going through the NVC process, we received Mr. Xie’s interview notice from the Guangzhou Consulate in February 2018, and the interview was scheduled for one month later.

Preparation of interview materials
Based on the interview materials list, our team put together a detailed interview package for Mr. Xie’s family, which included a summary of how Mr. Xie qualified for EB-1A immigration, his plans for his arrival in the U.S., his resume, and highlighted Mr. Xie’s outstanding contributions to his business and his respective field. In addition, we also included highlighted immigrant visa application instructions, which covered every step of the application process, from personal data preparation, interview steps & Q&A, passport & visa retrieval, and Immigrant fee payment, so that Mr. Xie’s family could have a clear understanding of the entire application process.

Interview coaching and communication
Zang Dikai’s legal team had several phone conversations with Mr. Xie and gave him detailed communication and guidance on the interview, so that Mr. Xie could better understand and be familiar with the immigration interview process. For some key issues, such as EB-1A eligibility, plan to come to the U.S., work experience, party membership or not, and previous births in the U.S., we gave appropriate counseling. For example, we helped Mr. Xie summarize his previously submitted business plan so that the visa officer could quickly understand his plans and contributions he could make after coming to the U.S., and guided him to answer the party membership questions. Mr. Xie was also concerned that the visa officer might have a problem with this because his wife had come to the U.S. two years ago to have a baby. So, Zang Dikai’s legal team assisted him in compiling relevant documents for his youngest daughter, such as birth certificates and hospital birth bills, to prove that they gave birth at their own expense at that time and had no immigration tendency to illegally take advantage of U.S. benefits.

Case results:
After careful preparation, Mr. Xie’s family went to the Guangzhou Consulate for an interview in March 2018 and was successfully approved. Mr. Xie’s family was very happy and grateful for the professional and thoughtful legal services provided by Tsang & Associates! Mr. Xie also received his family’s green card and social security card in July, and once again expressed his gratitude upon receiving his green card.

Lawyer Comments:
EB-1A immigration for exceptional talent has attracted the attention of many top talents because of its superior special features such as no U.S. employer, no immigration waiting period, accelerated processing, and family immigration. However, the EB-1A approval process has been tightened this year and is no longer the relaxed policy environment it once was. In addition to the “three out of ten” basic requirements, a plan to come to the United States is no longer a thin 2 or 3 page plan that can convince the USCIS. Even if you get a green card through EB-1A, if you do not follow the original plan to come to the U.S. and implement it, it is just like a “moon in the water and a flower in the mirror”, then your green card will face the consequences of being revoked.

Because of the high hurdle for EB-1A immigrants, it is recommended that you consult with a professional attorney to evaluate your qualifications for this type of immigration. If you are interested in EB-1A and have passed the “3 out of 10” preliminary assessment, please contact Tsang & Associates and our team of lawyers can analyze your case and give you professional advice.

*For more relevant professional information, please click the following articles to view:
EB-1A Immigrant Success Tips for Distinguished Professionals in the United States
EB-1A/EB-1C/EB-5, which one is suitable for Chinese business elites

*To protect customer privacy, customer names are pseudonyms.