O-1 Extension Approval Despite Untimely Filing and Challenging RFE
October 5, 2023

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The Law Offices of Sabrina Li has successfully helped another client, and we are excited to share this exciting news with you.

Our client, a distinguished producer and director, approached The Law Offices of Sabrina Li and engaged our services to assist in navigating his O-1 visa extension case. This case got off to a rough start as our client missed the deadline to file his O-1 extension application because of the COVID-19 pandemic. The USCIS issued a challenging Request for Evidence (RFE), questioning his eligibility and criticizing the quality and appropriateness of his evidence.

Despite the client's restrictions in furnishing additional proof, our knowledgeable legal team assisted the client by strategically building compelling legal arguments based on the existing files. Moreover, in response to the untimely filing issue, we outlined all the circumstances beyond his control that led to the delay and successfully invoked a Nunc Pro Tunc request to justify the delay, which exceeded six months. Our team also provided thorough guidance on collecting and presenting relevant supporting documentation throughout the case filing process.

Consequently, the efforts of The Law Offices of Sabrina Li were successful. Mere three days after the RFE response was submitted, we managed to address and overcome both the eligibility concerns highlighted in the RFE and the late filing issue.

Nunc Pro Tunc is a discretionary remedy by which USCIS may approve a late-filed request to change or extend status, based on facts and extenuating circumstances presented. Specifically, the USCIS has the discretion to approve a Nunc Pro Tunc request if it is demonstrated that: 

  • The late filing is the result of extraordinary circumstances beyond the control of the applicant; 
  • The delay in filing is commensurate with the circumstances; 
  • The foreign national has not otherwise violated her/his nonimmigrant status; 
  • The foreign national remains a bona fide nonimmigrant; and  
  • The foreign national is not subject to deportation or removal proceedings. 

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at info@sabrinali.law. We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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