Adjustment from B2 visa to O1-a

[a-aussie 0]

hi everyone.
 

I am an elite athlete with national and international medals. My sole purpose of being in America is to train for sport. I have been entering a tourist visa as my training Is my priority and being able to work was not my number one priority. I have had trouble re-entering as I come in and out of the country so frequently to compete. Thus, I am wanting to change my status to O-1a so that I can continue to train and come in and out of the US. I fulfil all of the requirements necessary for the O visa. Does anyone have any similar experiences or could offer any advice at all? I am granted to be here until the end of July so I have until then to try and figure it out. 

I am Australian if that helps. 
 

 

any advice would be much appreciated !! Thanks in advance. 

[igoyougoduke 1,662]

You can start by reading here https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement how to file O-1

 

[Boiler 45,670]

All the successful O's I have come across have had a Lawyer involved, not a DIY. Having said that if you look hard enough I am sure you will find cases where people have done them without a Lawyer but they would not be asking very basic questions on here.

[SusieQQQ 11,586]

Would a P1A work for your case? https://www.uscis.gov/working-united-states/temporary-workers/p-1a-athlete

 

if not, agree with others that it is best to get an attorney to work on an O.

 

Trying to change status from within the US can backfire due to processing times. If being able to come regularly is important, I probably wouldn't risk it in your shoes, but apply for the appropriate visa from your home country. Als0, I presume you have just entered on your B given your stay period, and immediately submitting a change of status application is likely to be frowned upon or even give rise to a misrepresentation charge depending what you told CBP on entry your purpose of visit was.

Edited January 29, 2020 by SusieQQQ

[a-aussie 0]

hi, thanks so much for your replies! My issue is that when entering the US on my last trip, I was advised by a border security agent that I must get a B2. So i went home, got B2  successfully  and came back into the USA  last week. However, the agent who let me in this time warned me that I may have difficulty re-entering again. My issue that now arises is that I am not in the position that I can go back to Australia and wait 3-6 months in Aus whilst I wait for the visa to process. I am not trying to cheat the system by any means, it just that I have committed to my tuition in the USA and can not simply take a couple months off as this is the crucial time in the season for me to train. Marriage could be an option but I don't really want to a) get a green card as the process is horrendous b) take that step yet and c) whilst waiting for the AOS to process you are not allowed to travel and  I need to leave the US in September for a competition. Very overwhelmed, any help would be great!!1 

[Boiler 45,670]

Have you discussed this with your Immigration Lawyer? I am not even clear what you are doing is eligible on a B, presumably no money is involved.

[a-aussie 0]

Susie, I told my agent that I was interring for training purposes. He looked at my documents and assessed that I was indeed entering for a legitimate training purpose. He then asked me why I was not on O as that would make my life a lot easier. He was very nice about it. I just am one of the first from my area to train overseas and push for that higher level of training so I really just had no idea about all of these processes and have had no one to guide me!! Trying to figure this all out by myself has been very challenging. you are correct, I am not working or anything along those lines.

 

Edited January 29, 2020 by a-aussie

[SusieQQQ 11,586]

11 minutes ago, a-aussie said:

Susie, I told my agent that I was interring for training purposes. He looked at my documents and assessed that I was indeed entering for a legitimate training purpose. He then asked me why I was not on O as that would make my life a lot easier. He was very nice about it. I just am one of the first from my area to train overseas and push for that higher level of training so I really just had no idea about all of these processes and have had no one to guide me!! Trying to figure this all out by myself has been very challenging. you are correct, I am not working or anything along those lines.

 

One of the first from your area to train overseas? I presume you mean your sport, obviously not from Australia in general. The US is full of international athletes from everywhere including Australia here to train and compete...

[a-aussie 0]

I meant in my state...  many athletes I know come to train in America but only for a maximum of 2 months at a time. This was my situation prior to this year as well, hence why we all travelled on tourist visas and I continued to as I’ve never had issues before. I appreciate your input but I’m well aware of the international hot bed that is the United States. I’m looking for guidance.

Edited January 29, 2020 by a-aussie

[Boiler 45,670]

There has been a lot of guidance.

[SusieQQQ 11,586]

8 minutes ago, a-aussie said:

I’m looking for guidance. So far you are yet to offer anything constructive only to question my story. 

Actually: I suggested another visa type, supported others' suggestions that you use a lawyer if you want an O, and warned against possibly shooting yourself in the foot visa wise if you choose to try change status rather than apply from abroad. I'm sorry if you think none of that is constructive. I understand none of it is what you want to hear, but that is not the same as not being constructive. You want the quick and easy solution without having to go anywhere, but It is certainly not my fault that you have set up a schedule for your training without giving appropriate thought to the fact that you actually might need a proper visa for prolonged and frequent stays in the US.

So I guess this is what you want to hear: never mind any concerns, go ahead and file an i539 to change to O without legal help, without worrying about misrepresentation of intention and with no concern about inadvertently going out of status during the process and the implications of that.  Hope it turns out well for you.

Edited January 29, 2020 by SusieQQQ

[Just Paul 4,595]

3 hours ago, a-aussie said:

He looked at my documents and assessed that I was indeed entering for a legitimate training purpose. He then asked me why I was not on O as that would make my life a lot easier.

Good free advice from CBP.  Sometimes it is hard to get that.

 

Get an immigration attorney to make you life easier.

[fs2439 46]

I used klasko law partners for my O

[fs2439 46]

I would file for the new visa while in the us and then apply for the visa itself (stamp) when in australia.

[Marieke H 2,519]

I believe that what you perceived as @SusieQQQ questioning your story, was just her asking clarifying questions so she could give you the constructive guidance you were looking for.

 

What I know about O visas is that they are not a DIY. You need a lawyer, and that lawyer should also help you to figure out the timeline, and if you are better off applying for a change of status or for the visa from Australia.