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Deciding to pursue any form of O visa is an important decision. The immigration attorneys at KPPB Law can help you understand your options before moving forward. Call or send us a message online to schedule a free consultation to discuss your case.

O Visa Frequently Asked Questions.

For more information on O visas, read this article to learn the answers to some of the most common questions O visa applicants and their families have. We have provided hypothetical situations below to make understanding easier however, you should always seek professional legal assistance.

Renewing an O-1 Visa

Question:

  • I have lived in the United States for the last six years, in New York. My 0-1B visa expired on February 15, so I sent the application for my renewal by December. Because my itinerary was insufficient, they sent the paperwork back. My updated itinerary and proof of employment are due by April 26. I remained in the country throughout this process. Does this make me an illegal immigrant or is there a grace period?

Answer:
You are not illegal as long as your case is pending. That is, considering that you sent your paperwork before the original expiration date.

Changing J-1 Visa to O-1

Question:

  • Is it possible to change my visa status from J-1 to O-1? I don’t meet the residency requirement and can’t get a waiver.

Answer:

  • Fill out the O-1 visa application. If you are approved, bear in mind that you’ll have to receive your O-1 visa from a consulate outside of the United States.

O Visa Holder and Green Card

Question:

  • Is it possible to apply for my Green Card if I hold an O-1 visa?

Answer:

  • You may fall under the EB-1 qualification for Aliens with Extraordinary Ability. This will help you with a Green Card if you have a job offering. There are also family-based options available.

O-1 Spouse and Green Card

Question:

  • My husband has the O-1 visa, so I entered the United States on the O-3 allowance. At the moment, my husband’s company is preparing everything for his green card application. Should they file an application for me also, or will I automatically obtain a green card after my husband is approved? Will our children fall under his application? They are too young to work, and I want to be sure they have the best circumstances.

Answer:

  • This all depends on how your husband’s company will go about his green card application process. No matter their method, both you and your children should be able to get a green card if he is approved. The company can either file the AOS, Form I-485, for the entire family, or they can get your husband approved for the I-140, which only leaves you the AOS to fill out for you and your children.

Renewing O-1 Part 1

Question:

  • Where is the best place to obtain an O-1 visa renewal? Should I return to my country of citizenship? I want to be sure that I get the same O-1 visa that I have now. This allows me freedom of travel without restriction.

Answer:

  • You should have no problems obtaining an O-1 visa stamp in any country. Your travel restrictions should not be limited.

Renewing O-1 Part 2

Question:

  • My husband held the O visa for several years before we returned to Mexico in 2001. We have plans to return to the United States with our children. We have two sons, one 18 and one 15 year old, and one infant daughter. We live in Canada now. He has a BA in Spanish Literature, and I hold my BA in Psychology. Could he reapply for the same visa? Or do we need to find an alternative way to reenter America.

Answer:

  • Your husband would have to file a new O-1 petition with the USCIS. He should discuss this with his employer, so they can begin the paperwork.