An approved immigration case can inspire hope, but following a friend’s approach without understanding your own eligibility and filing requirements can put your plans for permanent residence at risk.
When someone you know successfully obtains a U.S. green card, it is natural to wonder whether you could follow the same path. Perhaps a friend received an EB-1A approval, shared their experience, and encouraged you to apply. You may even believe that handling the process yourself will save money and help you move forward faster. But immigration cases are not one-size-fits-all. A strategy that worked for one person may not be appropriate for another, even when both people have impressive professional backgrounds.
One of the most common mistakes people make is assuming that another person’s immigration success means they can follow the same steps and achieve the same result. For example, a friend may have received an EB-1A green card based on their professional achievements. They might explain which documents they submitted, how they organized their evidence, and how they completed their forms. Their experience may be useful, but it cannot establish whether another applicant qualifies. The EB-1A category is intended for individuals who can demonstrate extraordinary ability in fields such as science, education, business, arts, or athletics. Applicants must meet specific legal requirements and provide evidence supporting their eligibility.
Two people working in the same industry may have very different records of recognition, contributions, leadership, publications, or other relevant achievements. Even people with similar credentials may need different evidence and legal arguments. The key question is not whether someone else was approved. It is whether your own background and evidence meet the applicable requirements. Advice from friends, online forums, or social media can provide general information, but it should not replace an individualized assessment of an immigration case.
Another important source of confusion is the difference between an immigrant petition and an application to become a permanent resident from within the United States.
The EB-1A process generally involves two separate forms:
In certain circumstances, these forms may be filed at the same time. However, concurrent filing is not automatically available to every applicant, or it may not be recommended as it could lead to drastically adverse consequences.
It also depends on factors such as the applicant’s immigration status, visa availability, and the applicable filing requirements. Submitting the forms together also does not mean that both will be approved. USCIS must evaluate the petition and the adjustment application under their respective requirements, this distinction matters because an applicant may have a potentially strong EB-1A case but still face a separate issue with the ability to adjust status in the United States. And sometimes, filing both could adversely impact the decision on the EB-1A petition. Therefore, a complete immigration strategy must account for both parts of the process, rather than focusing only on the possibility of qualifying for a green card.
A rejection generally means the submission was not accepted for processing as properly filed. A denial, by contrast, is a decision on an application or petition after it has been accepted for adjudication. That difference is important, but a rejected filing should not be dismissed as a minor administrative inconvenience. Consider someone whose student program has ended and who is relying on an attempted green card filing as part of their plans to remain in the United States. If the submission is rejected, the person may discover that the filing did not provide the procedural effect they expected, they may also have less time to evaluate other options. The consequences depend on the person’s specific circumstances, including their immigration history, current status, dates, and the requirements that apply to their case. A rejection does not automatically mean someone will face the same outcome as another applicant, but it can create an urgent need to reassess the situation. This is why checking the correct forms, fees, filing location, signatures, and supporting documents before submission is essential.
A common misconception is that submitting an immigration petition automatically allows someone to remain in the United States while waiting for a decision. That is not generally true. An I-140 petition by itself does not grant lawful immigration status or work authorization. A pending I-485 can have important effects in some circumstances, but it does not automatically resolve every status issue or guarantee protection from removal. For former international students, timing can be particularly important. The end of an academic program, the end of a period of authorized stay, and the end of any applicable grace period are not necessarily the same date. The rules depend on the individual’s circumstances and immigration records.
Employment-based adjustment applications also have eligibility requirements relating to lawful status, with certain exceptions. A person who has fallen out of status should not assume that filing an EB-1A petition, or even submitting an adjustment application, will solve the problem. Before choosing a filing strategy, applicants should understand how their current or previous status affects their available options. In some situations, the timing of a decision can be just as important as the strength of the underlying petition. It is understandable that applicants want to control the cost of an immigration process. Government filing fees, document preparation, translations, and other expenses can add up. However, trying to save money by relying entirely on another person’s experience or assembling a complex case without fully understanding the requirements can create additional costs.
Possible consequences include:
Not every self-prepared application will have these problems, and hiring a lawyer cannot guarantee approval, the concern is whether the applicant understands the risks well enough to make informed decisions before filing. For a case involving professional qualifications, visa availability, and the applicant’s current immigration status, an early review may help identify issues before they become more difficult to address.
If you are considering an EB-1A petition, take time to evaluate your own circumstances rather than relying only on someone else’s successful experience. Assess your eligibility, review your professional background and determine whether your achievements and supporting evidence may meet the EB-1A requirements. Build an evidence-based case, identify the documentation that supports your qualifications and address how the evidence fits the applicable legal criteria. A collection of impressive documents is not necessarily a complete petition. Check the filing requirements, confirm the correct forms, fees, signatures, filing instructions, and any requirements that apply to related applications. Evaluate your immigration status and timing, if you are in the United States, understand how your current status, previous stays, and filing dates may affect your options.
Consider an individualized legal review, an experienced immigration attorney can help evaluate potential eligibility, identify procedural risks, and determine whether EB-1A is an appropriate strategy, or whether another option deserves consideration. These steps do not guarantee approval, they can, however, help you make decisions based on your own facts rather than assumptions. At Zhang-Louie PLLC, we help professionals evaluate employment-based immigration options, including EB-1A and EB-2 NIW, based on their individual backgrounds, evidence, and long-term goals.
Our approach is to build a strategy around the requirements of the case and the immigration environment rather than assume that another person’s outcome will apply. If you are considering an EB-1A petition or another path to permanent residence, reviewing your options before filing can help you better understand the process, the potential risks, and the steps that may be appropriate for your circumstances.
This article provides general information and is not legal advice. Immigration eligibility and outcomes depend on the facts of each case.
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