O-3 Visa Guide: Family Members of O-2 Principal Applicants

The U.S. immigration system recognizes the importance of keeping families united. As such, the O-3 visa has been designed specifically for the spouses and children (under 14 years) of O-2 visa holders. The O-3 visa facilitates these family members to live, study, and explore life in the U.S. alongside the principal O-2 beneficiary. Here’s a comprehensive guide on how to navigate the O-3 visa application process.

Consular Processing for O-3 Applicants Abroad

For those O-3 hopefuls residing outside the U.S., the journey begins with the consular processing process.

Booking Interviews

A common question arises: Do O-3 visa applicants need to book a separate interview from the O-2 principal? The answer is, it depends on the specific consulate's procedures and availability. While some consulates may allow family members to attend the same visa interview, others might necessitate separate interview slots. It's essential to check with the specific U.S. consulate to clarify their procedures.

O-3 Visa Application Process for Those Inside the U.S.

For family members already residing in the United States and wishing to adjust their status to O-3, a step-by-step approach is recommended:

Step 1: Form I-539, Application to Extend/Change Nonimmigrant Status

Begin with the completion of Form I-539. This form is integral to request a change to the O-3 visa status. Ensure all sections are accurately filled out, providing all necessary information about the O-2 principal visa holder.

Step 2: Documentation

Collate and attach all relevant documentation. This includes proof of relationship to the O-2 visa holder (marriage certificates for spouses, birth certificates for children), the O-2 visa holder's valid visa status, and proof of maintained status since entering the U.S.

Step 3: Application Fee

Pay the necessary application fee for Form I-539. It’s wise to check the latest fees on the USCIS website to ensure accurate payment.

Step 4: Submission

Submit the application packet to the appropriate USCIS office. Always retain a copy of the entire application for your records and ensure you receive a submission receipt.

Step 5: Biometrics Appointment

Upon successful submission, the O-3 applicant might receive a notice for a biometrics appointment. Attend this appointment as scheduled, as it's a critical step in the application process.

Conclusion

The O-3 visa offers a direct pathway for the families of O-2 visa holders to share in their U.S. journey. While the process might seem daunting, a systematic approach ensures clarity and success. It's always beneficial to consult with an immigration attorney to iron out any complexities and to remain updated on the ever-evolving immigration laws.