Writer Yiyun Li's Petition for Residency Denied on Appeal
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Friday, February 3, 2006
Chinese-born fiction writer Yiyun Li's petition for permanent residency in the United States on the grounds of "extraordinary ability in the arts" has been denied on appeal.
Li is the author of "A Thousand Years of Good Prayers," a short-story collection published last fall by Random House, which had awarded her a $200,000, two-book contract while she was still a student at the Iowa Writers' Workshop. Her awards include the Pushcart Prize, the Plimpton Prize for New Writers and the Frank O'Connor International Short Story Award.
"While the facts presented in this case are especially sympathetic and compelling," the U.S. Citizenship and Immigration Services informed Li in its denial of her petition, "at the time of this filing the petitioner had not met the very high standard set by Congress" to establish her "extraordinary ability."
Li's petition included letters of support from novelist and PEN American Center President Salman Rushdie, who pointed out that the kind of "far-reaching interest and buzz" Li has generated is "extremely rare," and from New Yorker editor David Remnick, who wrote that Li was among those "destined to become the leading writers of their generation."
USCIS senior public affairs officer Christopher Bentley said the agency could not comment on individual petitions for reasons of privacy. But the wording of the decision appeared to leave the door open for Li to apply again. "Unfortunately," it pointed out, "her most notable achievements occurred largely after this petition was filed."
Her story collection was published after the filing deadline, so the praise "A Thousand Years of Good Prayers" received from reviewers could not be factored in. The Frank O'Connor award, which Li subsequently won, might be even more significant. It could establish that she has received what Title 8, Code of Federal Regulations, Part 204.5(h)(3) calls "sustained national or international acclaim through evidence of a one-time achevement (that is, a major, internationally recognized award)" -- a finding that could ensure a new petition's success.
"The denial doesn't say I cannot file a new petition," a disappointed Li said yesterday. "So I will try."
