The difference between filing an O visa while in the U.S. or Abroad
April Perez • July 22, 2022
Click here to read this article in Portuguese
If you are in the U.S.
and you decide to change your status from your current visa to an O visa you must file, the proper forms and all the evidence for the requirements and the application along with the fees. On one of the forms there is a section where you select how you are filing the petition. If you are in the U.S. and plan to stay in the U.S. until the case is decided, you can do so by selecting the proper box. Once the petition is filed you must wait in the U.S. for the decision. If at any point while your petition is pending you decide to leave the U.S. your petition will automatically be withdrawn and you will have to reapply while you are abroad, essentially restarting the entire process.
If your case is approved, you will receive an approval notice and you can use the notice to apply for a social security number. The approval notice is your proof of work authorization for purposes of your O visa. You are not required to leave the U.S. If you do plan to leave the U.S. because you need to travel, you will then have to file an online form (DS-160) in order to schedule a consular interview to have a visa issued in your passport for travel so that you can return to the U.S. This is a separate process from filing for the O visa here in the U.S.
If you are
abroad and you want to apply for the O visa you must still file a petition with all the proper forms, evidence for the requirements and the fees. If the case is approved, you will then be able to file an online form called a DS-160 and schedule a consular interview to have the visa issued in your passport. Once the visa is issued you will be able to travel to the U.S. Depending on what country you are from some travel visas may be issued for shorter periods. Although your O visa approval notice may be valid for three years the actual visa may be issued for less time. If you will need to travel during the O visa period, you may need to schedule more than one interview to have a visa issued in your passport.
This can be a confusing process so it is helpful to have the guidance of an attorney, please feel free to contact our office if you think you may be eligible for this type of visa.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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