Can My Spouse and Unmarried Children Travel to the U.S. with an O3 Visa?

Many foreigners who make plans to travel for work in the United States have families of whom they desire to bring along with them. With that in mind there is a visa that allows foreign nationals to have their spouse and children accompany them into the country.

The O3 visa is known as a derivative visa that lets the spouse and unmarried children (under the age of 21) of O1 and O2 Visa holders to come to the U.S. Applicants that obtain the O3 visa can live in the U.S, however, O3 visa beneficiaries are not allowed to work.

O3 visa holders also cannot travel in and out of the U.S. on long trips. However, there is no limit to the amount of times you can travel in and out of the country. As long as the principal O1 or O2 visa holder maintains valid status an O3 visa holder can travel in and out of the U.S. If an O1 visa beneficiary loses his or her status so does the O3 visa holder.

What Makes Me Eligible for an O3 Visa?

To become eligible for an O3 visa there is one significant requirement you must meet. You need to be an immediate relative of an O1 or O2 visa holder. An immediate relative is a lawfully married spouse or (children under 21 years of age who are not married).

An applicant of an O3 visa must show evidence of a qualifying family relationship with the O1 or O2 visa holder. The O1 visa category is designed for foreigners with outstanding achievements and national or international recognition. These fall into two classification such as:

  • O1A - is for foreign nationals who are scientists, educators, business people and athletes
  • O1B - is for international artists in art, cinema or TV

The O2 visa covers staff of O1 visa beneficiaries.

Requirements for an O3 Visa Application

Before attending an interview every applicant must meet certain requirements. Make sure to visit with an immigration lawyer to find what all you will need to submit when filing an O3 Visa Application.

How Long Until I Get My O3 Visa

After you have filed an O3 Visa application it could take up two to three months for the process to be completed. When a decision is made by the designated U.S immigration department the applicant will receive a notice. There are times when applications are delayed due to further examination of supporting documents. It is advisable to have your legal representative follow up on the status of your application.

Can an Immigration Attorney Help Me?

Yes, of course an immigration lawyer can help you with filing an O3 visa application as well as getting the right supporting documents and making sure you make no mistakes on the application form. Call Gambacorta Law Office at 847 443 9303 for a consultation to learn more about the O3 visa and how best we can help you and your family.