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07-27-2008, 06:41 PM #1
Elvis impersonator to become legal citizen
The ridiculous things our government does wasting yours and my tax money trying to decide if a foreign Elvis impersonator of mediocre talent should be welcome with open arms as an "American Citizen"; from what the following document says, he may be so bad that Bush will have to pardon him:
http://www.uscis.gov/uscis-ext-templati ... ameset.jsp
also:
http://www.uscis.gov/err/B2%20-%20Alien ... 1B2203.pdf
This petition seeks to classify the petitioner as an alien with
extraordinary ability as an Elvis Presley impersonator; The
regulation at 8 C.F.R. 204.5(h) (3) indicates that an alien can
establish sustained national or international acclaim through
evidence of a one-time achievement (that is, a major, international
recognized award). Barring the alien's receipt of such an award,
the regulation outlines ten criteria, at least three of which must
be satisfied for an alien to establish the sustained 'acclaim
necessary to qualify as an alien of extraordinary ability. The
petitioner has submitted evidence which, he claims, meets the
following criteria.
,
Documentation of the alien's receipt of lesser nationally
internationally recognized prizes or awards for excellence
the field of endeavor. I or in that the petitioner received the
This is the highest International Award available in the
Industry." .. The petitioner submits three out-of-focus
photographs of an Elvis Presley figurine, approximately five to six
inches tall, which is mounted on a square base bearing an illegible
two-word inscription (possibly the name "Elvis Presley"). 'On each
of the photographs the petitioner has written "First Prize 1- Paris
- 1996." These photographs establish, at most, the petitioner's
possession of an Elvis Presley figurine.
An uncertified translation of a May 1996 newspaper 'article
describes the contest at which the petitioner won the above prize.
There is no evidence that first prize in the competition :."is the
highest International Award available in this industry" as counsel
claims. Other documents in the record suggest that the competition
was held in conjunction with the 31st anniversary of a club\with an
Elvis Presley theme.
Documentation of the alien's membership in associations in the
field for which classification is sought, which require
outstanding achievements of their members, as judged by
recognized national or international experts in 'their
disciplines or fields.
While is
suggests tat its
constituent as the petitioner,
but rather organizations. Furthermore, there is nothingiin the
record to_in how an individual (or organization) becomes a
member of or what qualifications one must possess to, do so .
."
i. .
The petitioner is a member of the based In
Paris, France. Counsel asserts that one must e a very highly
regard led] Elvis performer to be a member." Other documents in the
he petitioner's membership card) refer ito the
as an Elvis Presley fan club. Fan clubs, in
most the payment of dues and some level of o
c: Page 4 WAC 98 16950361
o
dedication to the celebrity or celebrities in question. The only
membership requirement set forth in the record for this club is the
submission of either 50 or 100 francs (depending on the level of
membership desired) along with five stamped envelopes.
The petitioner is also a member of the Musicians Union. From its
name, this organization appears to be a trade union ratherlthan an
association with highly exclusive membership r equdrements •
To satisfy this criterion, the petitioner must submit first-hand
documentation of the associations' membership requirements. It
cannot suffice for the petitioner simply to establish membership
and then claim (personally or through counsel) that these
associations have strict entry requirements. Simply going on
record without supporting documentary evidence is not sufficient
for purposes of meeting the burden of proof in these proceedings.
See Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg.
Comm. 1972). The assertions of counsel do not constitute eVidence.
Matter of Laureano, 19 I&N Dec. 1, 3 (BIA 1983); Matter of
Obaigbena, 19 I&N Dec. 533, 534 (BIA 198
; Matter of RamirezSanchez,
17 I&N Dec. 503, 506 (BIA 1980).
Published materials about the alien in professional or major
trade publications or other major media, relating to the
alien's work in the field for which classification is sought.
Such evidence shall include the title, date, and author of the
material, and any necessary translation.


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