ARE THERE ANY RISKS INVOLVED IN FILING EB-1 EXTRAORDINARY ABILITY IMMIGRANT VISA PETITION?
Mainly, the risk is financial. The filing of an EB-1 extraordinary ability immigrant visa petition involves substantial legal and government filing fees. So, it is important to carefully assess your chances of winning your case before your case is filed.
We suggest meeting with one of our experienced immigration attorneys in order for you to receive their opinion as to the probability of the USCIS approving your case.
Another potential downside concerns individuals in non-immigrant visa status, which requires them to maintain an intent to return to their home country. Arguably, the filing of an immigrant visa petition reflects an opposite intent, and as such, this filing must be disclosed on some visa extension or change of status application forms.
Finally, individuals whose visas have expired may end up in removal proceedings if their filing alerts the USCIS to the fact that they are in the US illegally.
In any event, in case you have doubts or concerns as to whether you should file an EB-1 extraordinary visa petition, please consult with our experienced immigration attorneys.