Legal Question in Immigration Law in California

Re: i am holding a visa waive program passport

I am very experienced with O-1s. O-1s are permitted to have agents petition for them and as long as there is at least some level of commitment (even short of employment) on the part of future employer(s), then the O-1 should be approvable. I cannot know if you qualify for O-1 status without a closer examination of your situation, but assuming you qualify as an extraordinary level of person, then the employer requirement is not as strict as it is for other statuses, particularly because extraordinary people need flexibility to work with various people as they can be in demand.

Regarding how long you can enter on a visa waiver, there is no foolproof answer. It simply depends on whether the officers at the airport will believe you will depart the U.S. after your visit when you try to enter and that you won't violate your status while here. Depending on what you have been doing to "work" in the U.S. will affect your eligibility as a visitor. If you are working for the benefit of an employer abroad, then it is not an issue (if you entered as a business visitor), but if it's any other sort of work, then you would not qualify as a visitor and should not enter the U.S. until such time as you have a status that matches your intentions and behavior.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: i am holding a visa waive program passport

This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.