Christina Carreira's citizenship and lawsuit

pearly · Oct 23, 2018

Canadian-born ice dancer Christina Carreira is suing the US for denying her petition to be classified as "an alien of extraordinary ability," which would let her compete for the US at int'l events, "including, hopefully, the Beijing 2022 Winter Olympics".

As per this tweet: https://twitter.com/ZoeTillman/status/1054462633116614656

Lawsuit: https://assets.documentcloud.org/documents/5014667/10-21-18-Carreira-v-USCIS-Complaint.pdf

drivingmissdaisy · Oct 23, 2018

It's too bad that Olympic sports have to be tied to nationality.

Mdk0144 · Oct 23, 2018

C/P is the future of US ice dance. They are unbelievable considering their age, and I feel really bad about US's decision. Hope she wins.

SamuraiKike · Oct 23, 2018

What is the criteria to qualify someone having an "extraordinary ability". The main problem I see with Carreira is that her resume so far is not enough. She still hasnt made a splash on the senior ranks and it will take her longer than usual given how deep US field is right now so expecting to receive extraordinary status in time for 2022 is probably pushing it, maybe for 2026. They didnt even win the junior world title or JGP final last season

Back in the Tanith Belbin days she was USA only hope of a good result and even then she had to miss on SLC. Right now there are plenty of options among already citizen teams so C&P are not really extraordinary IMO. I don't see how Christina has much of a case at the moment.

Ziotic · Oct 23, 2018

Why don’t they go represent Canada...the road to the Olympics has likely just as many teams in competition.

And it’s likey easier for him to get citizenship

StephenGfan · Oct 23, 2018

C/P should just represent canada already. that way them and L/L can go to the olympics together

Colonel Green · Oct 23, 2018

SamuraiKike said:
What is the criteria to qualify someone having an "extraordinary ability". The main problem I see with Carreira is that her resume so far is not enough.

That isn’t the issue. The government’s position is that the competitions she’s won don’t count for consideration at all because they are “limited to members of that association and participants of those competitions”.

Even winning Olympic gold would not qualify by that reasoning (as Christina’s petition points out).

Mdk0144 · Oct 23, 2018

StephenGfan said:
C/P should just represent canada already. that way them and L/L can go to the olympics together

This could be a good idea, but will the US release Ponomarenko?

Joubabe · Oct 23, 2018

The denial does not seem to be based on the number or level of awards she has won, but rather, on a ruling that ice skating competitions are limited to members of an association so they are not internationally recognized prizes or awards for excellence. Under that logic, most Olympic athletes seeking fast-track citizenship would lose out because most belong to a sports association that limits awards to its own members.

I agree with her Complaint that says this ruling is weird and absurd. Good luck Christina in getting it overturned!

pearly · Oct 23, 2018

Colonel Green said:
That isn’t the issue. The government’s position is that the competitions she’s won don’t count for consideration at all because they are “limited to members of that association and participants of those competitions”.

Even winning Olympic gold would not qualify by that reasoning (as Christina’s petition points out).

It was obviously a lot easier back in the days when Tanith needed it when the administration was (more reasonable, smarter, sane) different.

Will it be easier to qualify in four years Canada? Hard to tell right now.

Colonel Green · Oct 23, 2018

Mdk0144 said:
This could be a good idea, but will the US release Ponomarenko?

In a hypothetical situation where Christina lost this case, it would be the only honourable thing to do.

However, we’re a long way from that. Carreira stands a very good chance of prevailing here (the government’s position is frankly stupid, and would only be upheld if the immigration authorities are given undue deference — not impossible, unfortunately, but it’s far from a done deal).

Ziotic · Oct 23, 2018

Mdk0144 said:
This could be a good idea, but will the US release Ponomarenko?

I think it would be cruel not too if the US Government is doing this.

Mathman · Oct 23, 2018

SamuraiKike said:
Back in the Tanith Belbin days she was USA only hope of a good result and even then she had to miss on SLC.

That was back in the olden days when U.S. immigration policy was something of a political football, if you can imagine that.

In order for Tanith to be allowed to compete in the 2006 Olympics, it literally required an act of Congress. Tanith and Benjamin's case was befriended by Congressman Thad McCotter of the 11th Michigan Congressional District, which includes the ice dance training facility at Canton. The bill, just for Tanith all by herself, was introduced in the Senate by Michigan Senator Carl Levin in 2005, just in the nick.

Mdk0144 · Oct 23, 2018

Ziotic said:
I think it would be cruel not too if the US Government is doing this.

Yes, but he is certainly a rookie looking forward to be great male partner, and he has his name in this field.

The reason of the deny is so stupid. Like Colonel Green said, this reason even makes the world or olympic champion not 'extraordinary' in this field.

pearly · Oct 23, 2018

Mathman said:
That was back in the olden days when U.S. immigration policy was something of a political football, if you can imagine that.

In order for Tanith to be allowed to compete in the 2006 Olympics, it literally required an act of Congress. Tanith and Benjamin's case was befriended by Congressman Thad McCotter of the 11th Michigan Congressional District, with includes the ice dance training facility at Canton. The bill, just for Tanith all by herself, was introduced in the Senate by Michigan Senator Carl Levin in 2005, just in the nick.

I think Tanith Belbin's citizenship was approved, but she had to wait like everyone else. Then it was expedited by an act of Congress so she could get it in time for the Turin Olympics.

TontoK · Oct 23, 2018

SamuraiKike said:
What is the criteria to qualify someone having an "extraordinary ability". The main problem I see with Carreira is that her resume so far is not enough. She still hasnt made a splash on the senior ranks and it will take her longer than usual given how deep US field is right now so expecting to receive extraordinary status in time for 2022 is probably pushing it, maybe for 2026. They didnt even win the junior world title or JGP final last season

Back in the Tanith Belbin days she was USA only hope of a good result and even then she had to miss on SLC. Right now there are plenty of options among already citizen teams so C&P are not really extraordinary IMO. I don't see how Christina has much of a case at the moment.

"Extraordinary ability" generally applies to an individual who has some specialized skill that would benefit the nation as a whole. It's a pretty high bar to reach, and no - an accomplished figure skater would almost certainly not merit an administrative waiver.

As mentioned in other posts, Tanith Belbin was granted accelerated citizenship, but that LITERALLY took an act of Congress. It was not a routine administrative decision.

pearly · Oct 23, 2018

But Tanith got her citizenship on the grounds of extraordinary ability or something else? Times were different, though (as were the administrations). Back then she really was US's only chance of an Olympic medal.

On a different note - if this had been approved, how long would it have taken for CC to get her citizenship? Was 2022 plausible at all or are they aiming at 2026?

TontoK · Oct 23, 2018

pearly said:
But Tanith got her citizenship on the grounds of extraordinary ability or something else? Times were different, though (as were the administrations). Back then she really was US's only chance of an Olympic medal.

On a different note - if this had been approved, how long would it have taken for CC to get her citizenship? Was 2022 plausible at all or are they aiming at 2026?

In Tanith's case, I suspect the underlying cause was her ability - but the important point is that it was not an unelected bureaucrat or committee who made that decision.

She was awarded expedited citizenship through a special act of the elected representatives and signed by the President. That's not a routine thing.

Skater Boy · Oct 23, 2018

Colonel Green said:
That isn’t the issue. The government’s position is that the competitions she’s won don’t count for consideration at all because they are “limited to members of that association and participants of those competitions”.

Even winning Olympic gold would not qualify by that reasoning (as Christina’s petition points out).

How did Tanith Belbin get her citizenship? Being beautiful surely is not a good reason.

karne · Oct 23, 2018

IIRC wasn't Tanith's issue that she started the process and then a bunch of changes to the process went through and her application went into some kind of limbo? And that was why the special act was needed?

I agree though the reasoning here is incredibly stupid. If this is the case then almost no athletes would get the extraordinary ability waiver.

Christina Carreira's citizenship and lawsuit

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