Lawsuit filed in D.C. federal court on behalf of Christina Carreira after her petition for an EB-1 Visa ("Extraordinary Ability") was denied

[Sylvia]

Article on Canadian-born Christina Carreira's initial petition for an EB-1 visa being denied: https://www.marketwatch.com/story/m...-refusal-to-deem-her-extraordinary-2018-10-23

Excerpts:

In May, the 18-year-old who trains and temporarily resides in Michigan, petitioned to be deemed an “alien with extraordinary ability” under the immigration code. Gaining such status under the EB-1 visa would allow for Carreira to seek legal permanent residency status in a matter of months. The eventual goal is citizenship, which would allow her to compete under the American flag in Olympic games, her lawyers noted.
...
What’s extraordinary, Carreira’s lawyers say, is that her petition was denied. “This particular decision, it’s almost breathtaking in its stupidity,” Piston told MarketWatch.

But the evidence left the decider cold.
The awards “were not directly awarded to you,” the August decision said. “They were awarded for your performance as part of a sports team…[W]e do not consider such honors to be a nationally or internationally recognized prize or award for excellence in the field of endeavor, because it is limited to members of that association and participants of those competitions.”
Carreira’s lawsuit, filed Sunday in District of Columbia federal court, said the reasoning was “entirely irrational.”

ETA: I thought this news deserved its own thread in GSD (just saw the article link was posted earlier in the U.S. Ice Dance thread).

 

[AngieNikodinovLove (ANL)]

Yea I thought was interesting when I stumbled across this news yesterday in my hotel.

And they are senior now too.

Tried thinking if they would factor into the 22 Oly team. Sure, why not.

 

[tony]

Yea I thought was interesting when I stumbled across this news yesterday in my hotel.

And they are senior now too.

Tried thinking if they would factor into the 22 Oly team. Sure, why not.

Looking at the Grand Prix rosters and withdrawlas, C/P actually have a huge opportunity to potentially make the Final. That can only help their cause to make a push for 2022.

 

[Dobre]

Looking at the Grand Prix rosters and withdrawlas, C/P actually have a huge opportunity to potentially make the Final. That can only help their cause to make a push for 2022.

They have a slight chance of making the Final. Even if they benefit from Chock & Bates pulling out in Rostelecom as well as Finland, they would still have to defeat Hurtado & Khaliavin twice, McNamara & Carpenter, & Popova & Mozgov to get a 2nd & 3rd--in which case they would be quite likely to land in a tie-breaker and plausibly need to outscore the likes of Zagorski & Guerreiro, Sinitsina & Katsalapov, Gilles & Poirier, and/or Hawayek & Baker or even the Parsons.

 

[chameleonster]

Qualifying for the final seems a little much(not impossible, just wouldn't expect it) but especially if Chock/Bates pull out of Russia as well, they have a very good chance of getting at least one grand prix medal, maybe two if they really nail it. Nothing for them to do but keep working hard and fighting their way up the standings.

This same article was also in the New York Post, and her cause has been boosted by a couple of their fellow skaters. A little media attention can't hurt, and she stands a good chance of winning her lawsuit anyway.

 

[OrioleBeagle]

I wonder if they are thinking of switching to Canada or Russia due to citizenship issues.

 

[Andora]

I wonder if they are thinking of switching to Canada or Russia due to citizenship issues.

From one frying pan to another, in terms of crowded national scenes. But I have no idea what Russian citizenship requirements are, so...?

I imagine there were already precedents for a number of skaters getting the EB-1 Visa who have the same level of accomplishments (aka, not Tanith). I hope she's successful with this.

 

[BittyBug]

Someone I know is in charge of global mobility for a large U.S. multi-national and she told me last week that under the current administration it is nearly impossible to obtain visas, so I'm not sure that precedent will matter.

 

[Tinami Amori]

From one frying pan to another, in terms of crowded national scenes. But I have no idea what Russian citizenship requirements are, so...?

If the officials in government sees one as "valuable", you get the papers in a day...
Antony is the son of Russian Champions, and she is his partner. I doubt they will seek Russian citizenship however.

 

[ChiquitaBanana]

I wonder if they are thinking of switching to Canada or Russia due to citizenship issues.

The USFSA will never release them...

 

[AnnM]

Someone I know is in charge of global mobility for a large U.S. multi-national and she told me last week that under the current administration it is nearly impossible to obtain visas, so I'm not sure that precedent will matter.

Yup.

 

[analia]

Someone I know is in charge of global mobility for a large U.S. multi-national and she told me last week that under the current administration it is nearly impossible to obtain visas, so I'm not sure that precedent will matter.

This is really not true. I had no trouble obtaining visa and a green card under this administration. People who never dealt with immigration/border control issues don't seem to understand it's not like handing out candies. There is a process involved. Christina's case is borderline at best.

 

[BittyBug]

This is really not true. I had no trouble obtaining visa and a green card under this administration. People who never dealt with immigration/border control issues don't seem to understand it's not like handing out candies.

I can assure you that it is absolutely true for this person and her employer. And that is with the benefit of all types of high-priced attorneys and consulting firms. They are a global firm and have historically moved people around without issue, yet positions in the U.S. are now going unstaffed because they can't get visas for their foreign employees.

 

[bardtoob]

If the officials in government sees one as "valuable", you get the papers in a day...
Antony is the son of Russian Champions, and she is his partner. I doubt they will seek Russian citizenship however.

I would doubt it too, given they would have to decide if they would make it out of Russian Nationals.

 

[MacMadame]

Christina's case is borderline at best.

Her case is just as good as all the other people in her position who got this Visa for being an elite athlete needed to help Team USA.

 

[AxelAnnie]

This is really not true. I had no trouble obtaining visa and a green card under this administration. People who never dealt with immigration/border control issues don't seem to understand it's not like handing out candies. There is a process involved. Christina's case is borderline at best.

Same for our barn. No unusual visa problems. I actually can't imagine why a something like this would be allowed to get into District Court. I just don't see what "Extraordinary" talent the girl has. Ice Dance is a pretty deep field here.
I am kind of astounded that the Court would hear her case.

 

[VGThuy]

I think some need to read the article again to understand what the actual issues in this case are rather than make an assumption that allows you to say how not special you find Christina Carreira.

 

[overedge]

@AxelAnnie I am sure that all the ice dance teams that Carreira & Ponomarenko beat to become US junior champions and World Junior medalists would love to hear that Christina has no extraordinary talent FFS read the article before posting.

 

[Vagabond]

Same for our barn. No unusual visa problems. I actually can't imagine why a something like this would be allowed to get into District Court. I just don't see what "Extraordinary" talent the girl has. Ice Dance is a pretty deep field here.
I am kind of astounded that the Court would hear her case.

All she has done is file a Complaint. But it is a matter of Federal law, and I suspect that her claim is actionable. If so, it will withstand any pre-trial challenge. Whether she can win is, of course, a different matter.

 

[cyjy]

I usually just lurk here. Dont post much. Been coming though here, signed up for 20+ years. I get timid anyways. Unfortunately , the visa story under the current administration rings true. Heres why.... Imagine a person who is a citizen of us(me) but birn in canada to us citizen who was legally married. Moved here when two.. Got social security card at that age too. Registered to vote. Finally decides to get passport. Two older sibling have gotten this many years before. Took eight months. Had to did up all old school, and census records for myself and mom and prive where we were in the country at all times. Very exhausting and frustrating. Many tears. Finally got someone looking at my application in office with the latest round of paperwork. He said to me. You dont need all this extra paperwork, you are definitely a citizen. And he didn't know why my application had not been approved yet. He thought it was ridiculous. Finally success. So call me sceptical regarding the new administration. But there it is

 

[cyjy]

Please excuse my typing errors. Big fingers on small phone.

 

[misskarne]

Christina's case is borderline at best.

I just don't see what "Extraordinary" talent the girl has.

She's a fcuking Junior World Champion. Pretty much anyone with a brain would consider that extraordinary.

Plus, did you actually read it? The reasoning behind the decision indicates that there is no way she could ever get it because it would put a World Champion and even an OLYMPIC CHAMPION in the same category.

 

[chameleonster]

She's a fcuking Junior World Champion. Pretty much anyone with a brain would consider that extraordinary.

Plus, did you actually read it? The reasoning behind the decision indicates that there is no way she could ever get it because it would put a World Champion and even an OLYMPIC CHAMPION in the same category.

She is actually "only" a two time junior world medalist.

But the point stands. People are arguing a lot of things that are irrelevant to the matter at hand and have nothing to do with the facts of the case.

"Should an athlete really be considered extraordinary? They don't contribute the same way a scientist would." Well the US government says they do, if they didn't want foreign athletes to be apply this way they shouldn't provide it as an option.

"Christina isn't an extraordinary talent and hasn't achieved enough." Debatable, but not the point. Not only am I pretty sure there is precedent for athletes with equal or weaker resumes than her getting this visa, it's not the basis of the governments denial.

"She's talented, but no more exceptional than her peers." Also not the point! There is nothing in the criteria that says she has to be able to do something no natural born citizen can do, and there is nothing in the refusal that says that was the issue.

Regardless of what you, personally, think the criteria should be, based on the actual laws and arguments laid out in the documents, Christina is in the right and should win her suit.

 

[Tinami Amori]

Did not Belbin also have complications with her citizenship for 2004 Olympics? I remember that she applied for regular citizenship, without expedition request, her paperwork was lost during 9/11, and even if it was not her fault, her citizenship still had to be dealt with by "special handling" (some kind of piggy-back on an agricultural bill??)...

 

[Vash01]

I don't mean to bring PI into this, but-

If Melania could get a visa based on extraordinary talent (she appeared on the cover of SI), I don't understand why Christina's talent cannot be considered extraordinary.

The other thing that surprised me is that she is not from Latin America or Africa, etc. - places that the current admin hates. She is from Canada. I never thought she would have difficulty getting that visa, based on her FS resume.

 

[vesperholly]

The USFSA will never release them...

What makes you think that? IIRC USFSA has never held back skaters who want to compete for other countries.

 

[manhn]

The current administration hates Canada.

Any chance of this team going to Canada?

 

[Sylvia]

Any chance of this team going to Canada?

You already have Kaitlyn Weaver and Piper Gilles. So no, you can't have Anthony too.

 

[manhn]

Piper can ditch Paul and then skate with Ponomarenko for Canada!

 

[Vagabond]

What makes you think that? IIRC USFSA has never held back skaters who want to compete for other countries.

If Morgan Matthews lurks here, she either is cackling with amusement or has just smashed her laptop to smithereens.