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a-aussie

Adjustment from B2 visa to O1-a

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Thank you everyone for your replies, I really appreciate you taking the time out of your day to help me. I definitely will be using an immigration attorney! Just to clarify I always intended to use one, I was just wondering if anyone had any personal experiences, hence why I was frustrated when the main feedback I was receiving was get a lawyer. 
 

thank you again everyone, I do have a much clearer idea of where I need to go now! Best. 

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19 hours ago, a-aussie said:

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 

There is also the wee detail that marriage for the purpose of obtaining a green card is immigration fraud.

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Filed: EB-3 Visa Country: Germany
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19 hours ago, a-aussie said:

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

To be clear AOS is for immigration. What you are doing is applying for a change of nonimmigrant status by filing form I-539. However your O1 petition needs to be approved prior to filing. The O1 can be premium processed to get an answer in about 2 weeks, then the change of status will take another 5-7 months during which you will have to remain in the country.

 

Also keep in mind you wont be able to find a lawyer today, and submit the petition tomorrow. It will take some time for them to amass the evidence and prepare the petition so make sure you budget some time for that. The best is you file as soon as you can and return to Australia to get the visa. I think in the best case you could have the visa in 2-3 months

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22 minutes ago, designguy said:

To be clear AOS is for immigration. What you are doing is applying for a change of nonimmigrant status by filing form I-539. However your O1 petition needs to be approved prior to filing. The O1 can be premium processed to get an answer in about 2 weeks, then the change of status will take another 5-7 months during which you will have to remain in the country.

 

Also keep in mind you wont be able to find a lawyer today, and submit the petition tomorrow. It will take some time for them to amass the evidence and prepare the petition so make sure you budget some time for that. The best is you file as soon as you can and return to Australia to get the visa. I think in the best case you could have the visa in 2-3 months

Thanks, this has been really helpful! When you say I could have the visa in 2-3 months do you mean that I would have to go back to Aus for 2-3 months and wait it out there? Or could I file it over here and then just return to get the visa for a lesser time? 

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Filed: EB-3 Visa Country: Germany
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4 minutes ago, a-aussie said:

Thanks, this has been really helpful! When you say I could have the visa in 2-3 months do you mean that I would have to go back to Aus for 2-3 months and wait it out there? Or could I file it over here and then just return to get the visa for a lesser time? 

You can file now. As long as your are in status and maintain status you can remain in the US while processing. If for some reason the process takes longer than your current stay permits, then you will need to leave the US. Thats why its imperative you start the process as soon as possible. 

 

O1s cover a broad spectrum of fields (IE Arts, Sports, Science, Entertainment, etc). You want to try and find a lawyer who is more specialized on the sports side. Good Luck and keep us updated on your progress!

 

Edit: What you can start doing immediately, if you haven't already done so, is create a dossier of all of your achievements, press articles, documentation of training, etc. This is something the lawyer will need pretty quickly

Edited by designguy
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2 hours ago, designguy said:

You can file now. As long as your are in status and maintain status you can remain in the US while processing. If for some reason the process takes longer than your current stay permits, then you will need to leave the US. Thats why its imperative you start the process as soon as possible. 

 

O1s cover a broad spectrum of fields (IE Arts, Sports, Science, Entertainment, etc). You want to try and find a lawyer who is more specialized on the sports side. Good Luck and keep us updated on your progress!

 

Edit: What you can start doing immediately, if you haven't already done so, is create a dossier of all of your achievements, press articles, documentation of training, etc. This is something the lawyer will need pretty quickly

If the change of status is taking longer than expected and s/he has to leave the country before it is adjudicated, then the application is considered abandoned and s/he has to start all over again with a new O application from outside the US. If s/he stays in the country on a "CoS pending" basis beyond the initial admission period and then the O gets denied - and designguy, you will know from these forums that there have been a number of surprising O denials reported - then s/he will have been in overstay, his/her existing B will get cancelled immediately, s/he will have to leave immediately, and getting another non-immigrant visa will be a very tricky business.

 

If it is done in time, s/he has to hope s/he doesn't get a sticky reviewing officer who doesn't like the fact that s/he basically entered and immediately applied for a change of status. While the 90 day rule is not binding, it is used as a guide as per USCIS manual.

 

All the above is what I was "unconstructively" trying to point out are pitfalls in this approach.

 

The suggestion that was made to start the visa application (not change of status) while here and then return home to complete it is imo the least risk approach.

 

He/she definitely needs to pony up for a good lawyer experienced in O.

Edited by SusieQQQ
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5 minutes ago, SusieQQQ said:

If the change of status is taking longer than expected and s/he has to leave the country before it is adjudicated, then the application is considered abandoned and s/he has to start all over again with a new O application from outside the US. If s/he stays in the country on a "CoS pending" basis beyond the initial admission period and then the O gets denied - and designguy, you will know from these forums that there have been a number of surprising O denials reported - then s/he will have been in overstay, his/her existing B will get cancelled immediately, s/he will have to leave immediately, and getting another non-immigrant visa will be a very tricky business.

 

If it is done in time, s/he has to hope he doesn't get a sticky reviewing officer who doesn't like the fact that s/he basically entered and immediately applied for a change of status. While the 90 day rule is not binding, it is used as a guide as per USCIS manual.

 

All the above is what I was "unconstructively" trying to point out are pitfalls in this approach.

 

The suggestion that was made to start the visa application (not change of status) while here and then return home to complete it is imo the least risk approach.

 

He/she definitely needs to pony up for a good lawyer experienced in O.

Yes I understand what you are saying now. Do you know if it is allowed for you to file for the O-visa, stay in the USA on B2 visa and then go back to my home country to get visa once it has been processed? Edit ; rather then going for change of status, if that makes sense? 

Edited by a-aussie
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Filed: K-1 Visa Country: Wales
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Irrelevant where you are whilst in process, is important you maintain B status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, Boiler said:

Irrelevant where you are whilst in process, is important you maintain B status.

Yes I understand. So theoretically, I can stay in the USA - not working of course as I don’t want to violate B, whilst waiting for O to process and then go back to Aus to collect visa? I am more then happy to go back home , I just don’t want to be there for 2-3 months. 

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2 hours ago, a-aussie said:

Yes I understand. So theoretically, I can stay in the USA - not working of course as I don’t want to violate B, whilst waiting for O to process and then go back to Aus to collect visa? I am more then happy to go back home , I just don’t want to be there for 2-3 months. 

It’s not really going back to “collect” a visa, like one would go and pick up one’s dry cleaning.   It’s returning to interview/apply for one at the US Embassy, just like everyone else.

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13 minutes ago, Jorgedig said:

It’s not really going back to “collect” a visa, like one would go and pick up one’s dry cleaning.   It’s returning to interview/apply for one at the US Embassy, just like everyone else.

I’m really not trying to offend anyone but obviously my phrasing is being taken as such. I was advised to get a B2 Visa - it cost me almost 2 thousand dollars in flights, accomodation and processing fees. I flew all the way home specifically for this purpose. So please don’t assume that I feel I’m above the law, I have just been through a visa process as mentioned above that cost a hefty amount, that I’ve come to realise is relatively ineffective and a waste of time and money. I now have to start the process all over again, so I’m honestly getting very tired of the aggression in response to my post. I don’t think I’m special. I don’t even want to work in the US. I’m literally putting a ridiculous amount of money into their economy with no return on my end other then my training. So can everyone just relax a bit. 

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11 minutes ago, a-aussie said:

I’m really not trying to offend anyone but obviously my phrasing is being taken as such. I was advised to get a B2 Visa - it cost me almost 2 thousand dollars in flights, accomodation and processing fees. I flew all the way home specifically for this purpose. So please don’t assume that I feel I’m above the law, I have just been through a visa process as mentioned above that cost a hefty amount, that I’ve come to realise is relatively ineffective and a waste of time and money. I now have to start the process all over again, so I’m honestly getting very tired of the aggression in response to my post. I don’t think I’m special. I don’t even want to work in the US. I’m literally putting a ridiculous amount of money into their economy with no return on my end other then my training. So can everyone just relax a bit. 

Sorry, but your posts DO come off sounding entitled.  And you’re preaching to the choir about immigration costs.  Most everyone here has spent thousands and thousands of dollars on flights and petitions and visas.  No one’s is more special than any other.

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23 minutes ago, Jorgedig said:

Sorry, but your posts DO come off sounding entitled.  And you’re preaching to the choir about immigration costs.  Most everyone here has spent thousands and thousands of dollars on flights and petitions and visas.  No one’s is more special than any other.

I completely understand that. I’m sorry to everyone for sounding entitled. It is truely my fault for getting myself into such a situation. I should’ve done more research and been more prepared. I’m very done with this whole process and would be home in a heart beat if I didn’t have such commitments here. Thank you everyone for your input there is no further need to comment on this thread as it just adding more stress to my situation. I appreciate all the guidance. Again thanks! 

Edited by a-aussie
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Filed: O-1 Visa Country: Brazil
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On 1/30/2020 at 4:08 PM, a-aussie said:

I’m really not trying to offend anyone but obviously my phrasing is being taken as such. I was advised to get a B2 Visa - it cost me almost 2 thousand dollars in flights, accomodation and processing fees. I flew all the way home specifically for this purpose. So please don’t assume that I feel I’m above the law, I have just been through a visa process as mentioned above that cost a hefty amount, that I’ve come to realise is relatively ineffective and a waste of time and money. I now have to start the process all over again, so I’m honestly getting very tired of the aggression in response to my post. I don’t think I’m special. I don’t even want to work in the US. I’m literally putting a ridiculous amount of money into their economy with no return on my end other then my training. So can everyone just relax a bit. 

I hear you

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Filed: O-1 Visa Country: Brazil
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I don't know if the conversation about entitlement is relevant or practical. But if it is, then one certainly ought to consider the "entitlement" of those who have been through immigration processes and their bullying of those who are new to it.

 

Obtaining a visa is a beaurocratic process. My advice: breathe, pass through the hoops, take advice when it's useful, ignore it when it's not.

 

And good luck. We all need luck as well

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