This is a continuation of my comment of April 8, about the capricious action of the USCIS Texas Service Center in reopening an I-140 extraordinary ability petition which had been approved after thorough review two years ago, and issuing a NOIR (Notice of Intent to Revoke), without any apparent reason, and then claiming that the TSC had never received my rebuttals to the NOIR, even though they were both signed for by TSC staff as shown on my FedEx receipts.

Even more disturbing, as mentioned in my last post, was the issue of possible gender discrimination raised by the NOIR, which refused to consider an award that the petitioner had won from a prominent women's organization on the grounds that the competition in question was not open to men. The NOIR has also refused to consider other awards won by the petitioner for the same reason, even though the competitions in those cases were in fact open to men.

In addition, the NOIR contained multiple egregious misstatements of fact about the more than 200 page record in the case. The NOIR bore all the signs of a document that was hurriedly put together in a rush to accomplish some purpose, which one can only guess at, but which did not have very much to do with an objective evaluation of the evidence.

Needless to say, this had a devastating psychological effect on my client, whose only "fault" was having designed beautiful and unique, internationally acclaimed, award winning jewelry. Having already been approved for extraordinary ability classification, she had every expectation of being welcomed for permanent residence in America.

But her shock was compounded when she found out, three months after I sent in my rebuttal to the NOIR, that the TSC was claiming never to have received it.

To the credit of the TSC customer service section, this is now being looked into carefully, and I am confident that this case will not be decided without my rebuttal being considered, one way or another.

But this delay and evident lack of care in directing not one, but two rebuttal envelopes to the right place at the TSC, has shocked my client even more. She has given me permission to quote her following reaction anonymously:

"Just the attitude of the immigration office makes me so mad. No responsibility at all. It's totally not acceptable...Time is the most precious thing in life for people...It seems to me they don't care about people's life...

Taking more time and days to hear about the final result from them will be so stressful."

She concludes:

I feel like I want to know what the United States President Mr. Obama who has the responsibility for this country thinks about this attitude of the immigration office and what is happening. I hope he wouldn't let Immigration do such a thing which destroys people's lives.

"I really wish there will be no more victims like me."

If this is the kind of welcome that America gives to the most talented and accomplished people from all over the world who come here to devote their careers and their special skills to our society through our rigorous and demanding professional legal immigration system, is our country not heading in the wrong direction as a nation?

I will keep Immigration Daily readers advised of developments in this case after hearing further from the Texas Service Center.