Inquiry regarding best practice for Denied O-1 visa and filing I-290B appeal
Hello, I am from North Africa, and I came to the USA on a J-1 two years ago. I applied for an O1 visa which has just been denied (according to my current attorney, the denial was unfair as she believes I provided evidence I met the O1 standard).
I am looking to switch attorneys as my current attorney needed to be more responsive throughout the process and left everything to the last minute.
If I file a motion to reconsider/reargue/reopen my O1 visa application, would this allow me to stay in the US while the decision is pending?
More specifically, my fiancé is a Green Card holder here in the US, and although we had planned to get married in the summer, because of the O1 denial, we will probably get civilly married at the end of April.
If I file a motion to reconsider/reargue/reopen my O1 visa application would I have status here to apply for a green card without leaving the US while my O1 visa motion was pending (note my fiance is a green card holder- not a US citizen).
Response to customer inquiry regarding denied O-1A visa
Hello, we generally prefer to file an I-290B when a case is denied, so the semblance of a petition is still pending. The I-290 should be submitted before the expiration of the time to file the appeal. The I-290 does not guarantee that the visa beneficiary is maintaining status if the appeal is ultimately denied, but it is helpful in two important ways.
First, generally, USCIS will accept and approve a new case filed during the period an I-290B appeal is pending. Second, if the I-290 is ultimately denied and you do not get another visa approved, the consulates understand of any overstay time accrued during this period.