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O-3 Family of O-1/2 visa holders

O-3 Family of O-1/2 visa holders

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The O-3 dependent visa is suitable for the spouse and unmarried children (under 21 years of age) of O-1 and O-2 visa holders, who desire to accompany or to visit the principal “O” visa holder. An O-3 status holder can stay in the United States as long as the principal visa holder remains in legal status. To be precise, the O-3 holders lose their status once the principal applicant loses O status. An O-3 visa holder is also authorized to change his/her status in the USA.

The O-2 visa allows persons who accompany an O- visa holder in a specific athletic/artistic event or in the film industry to enter into the U.S. But, this visa is not available for people who accompany O-1 visa holders in education or science. The permitted initial stay of an O-3 status holder is 3 years. The dependents are also allowed to extend their stay in the U.S. The visa holders must file a petition on Form I-539 for their extension of stay. The extension is normally given in yearly increments.

The O-3 Visa benefits

The O-3 visa holder can stay in the United States with his/her family.

An individual can engage in a full-time or part-time study on an O-3 visa.

O-3 status holder can enter the country with his/her spouse or join him/her later.

They can travel in and out of the country (on short trips). The Department of State does not force any limit on the number of times the O-3 holder may travel in and out of the U.S.

For changing the purpose of an individual’s visit while he is in the country on an O-3 visa, he has to change his visa status. The O-3 visa holders can change status to other non-immigrant (temporary) status for which he or she is qualified. Also, the O-3 dependents of an O1 foreign national can apply for Adjustment of Status to become lawful permanent residents. Similar to any alien, they can obtain Green Card either through entry into the U.S. on an immigrant visa granted by a U.S. consulate overseas or by adjustment of status in the U.S through the US Citizenship and Immigration Services (USCIS). Employment on O-3 dependent visa: Individuals holding O-3 visas are not allowed to work in the U.S. If they wish to earn income in the country, they must obtain a US work visa – a temporary approval to live and work in the U.S.

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