There are several different types of visas an individual can apply for when coming to the United States. Understanding what type of visa an individual should apply for, sorting through the different restrictions, and wading through the application process can be confusing. You need an experienced attorney to help you understand and complete the process effectively. The following information explains what an O-3 Visa is, the privileges and limitations for this type of visa, the documentation required for the application process, and how our law firm can help you with this specific visa.
What is an O-3 Visa?
An O-3 Visa is defined as a non-immigrant visa that allows a spouse and unmarried children under 21 of those who hold O-1 and O-2 Visas to enter the United States and stay with their family. To be eligible for this visa an individual must be an immediate family member of the O-1 or O-2 Visa holder. There are certain things that can make an applicant inadmissible, however. A few include having a history of drug abuse, a drug trafficking record, previous violations of United States immigration laws, and certain communicable diseases. These are just a few of the items that can make an individual inadmissible for an O-3 Visa, even if he or she is married to or the child of someone with an O-1 or O-2 Visa. In some cases, depending on each individual’s circumstances, waivers may be issued. Also, if a child under the age of 21 is currently in the United States with an O-3 visa and will soon turn 21, this particular visa will no longer be applicable. He or she would need to apply for another non-immigrant status in order to remain in the United States.
What Are the Privileges and Limitations of an O-3 Visa?
Those who hold an O-3 Visa can take part in full or part time study in the United States. The holder of this visa can enter the United States with the parent or spouse, or join him or her at a later date. There are currently no travel restrictions with this type of visa. The Department of State does not limit the number of times someone with an O-3 Visa can travel in and out of the United States. With this visa, however, an individual may not work in the United States. If the individual wishes to seek employment or earn any type of income, he or she must obtain a United States work visa. Finally, the holder of an O-3 Visa can’t stay in the United States any longer than the spouse or parent who holds the O-1 or O-2 Visa.
What Documents are Required for the Application?
Documents needed for the application process include a copy of the I-129 approval notice that is from the O-1 or O-2 parent or spouse as well as a petition for a non-immigrant worker. The applicant will also need a marriage or birth certificate proving their immediate family relationship. Two color photos that are the same style that is used in United States passports is also required. It is recommended to use a professional photographer. The applicant must also provide proof of a completed DS-160 State Department Form, Non-Immigrant Visa Application. This form can be completed online.
What Is the Application Process for Obtaining an O-3 Visa?
To obtain an O-3 Visa, the individual must wait for the United States employer of the parent or spouse to submit a visa petition. This is submitted to United States Citizenship and Immigration Services. If the individual and the spouse or parent is already in the United States this particular application can simultaneously request that the individual’s status be adjusted to an O visa holder. Once this step has been approved the applicant will then take the approval to a United States consulate and then apply for the O-3 Visa. An employer normally pays for the visa petition fees. This is just a summary of the entire process, which can become complex. It’s a good idea to have an immigration lawyer with expertise in handling cases for visa applications to help you complete the process in accordance with all United States laws.
How Can We Help You With an O-3 Visa?
Located in New York City, Joseph Potashnik & Associates have years of experience dealing with immigration cases. With an outstanding track record of assisting with every aspect of the immigration process, no case is too complicated. We can help you with your visa concerns while offering confidential consultations as well as flexible payment plans. An experienced lawyer can help an individual or family with the visa application process, which sometimes can be confusing. We strive to work with each client individually, educating each person regarding the details of the case and the possible outcomes. Even though we are in New York City, we can help clients that are located throughout the United States. Contact Joseph Potashnik & Associates and request a free consultation regarding your visa needs.