Faq

O1 Visa Guarantee For Artists (6)

What proof do I need to obtain an artist visa?

Over the years, our firm has assisted thousands of artists – both established stars and up-and-coming musicians – achieve their dream of touring in the United States. Often, these tours ignite already prestigious careers and help them flourish even further. To obtain an artist-related visa, you must prove that you are “extraordinary” or “internationally recognized” with a high-level of achievement or popularity. Collecting the appropriate evidence to support your petition is vital for success. This type of evidence includes, but is not limited to: prizes, honors, awards, and nominations; membership in outstanding organizations like ASCAP, BMI, or the Songwriters Guild of America; news, magazine, and internet articles about the artist; promotional materials from concerts and events; discographies, original compositions, and record album documents; photographs; screenshots from music videos or concerts; contracts, record deals, royalty agreements, and ticket sales; and any other evidence that demonstrates the artist is successful and popular.

Evidence List

  • Discography
  • Links to videos of interviews, shows, performances, editorials etc.
  • Album or art sales
  • Potential concert schedule
  • Past concert schedule and tours
  • Any awards you may have won

Peer Advisory Opinion:

In addition to the visa forms and supporting evidence, this type of petition also requires a mandatory “peer group” consultation or evaluation from a respected organization like the American Federation of Musicians to confirm that the artist does, in fact, meet the criteria for an O or P visa. Our office works directly with the organization to prove eligibility, often based on the supporting evidence of the artist’s renowned career. This letter normally takes about 24-48 hours to obtain.

Itinerary:

The itinerary, or proposed concert schedule, is a vital part of the visa petition. It dictates how long your visa will be granted by USCIS. While a P-1 visa can only be obtained for one year, an O-1 visa can be obtained for up to three years. To obtain a full three-year visa, however, an artist must provide a full three-year itinerary, which can include concert dates, studio and album work, promotional opportunities, and any other work-related events in which the artist may participate. It is, of course, very difficult to plan far into the future and our office will help you with this. Presenting a detailed and proper itinerary will avoid unnecessary scrutiny from USCIS and ensure that the visa is approved for the full duration requested.


Do crew members and support musicians qualify for the Artist Visa guarantee?

Yes, support musicians, stage technicians, managers, dancers, background vocalists, and touring crew are all eligible to receive O-2 or P-2 visas, which enables them to tour the United States with the lead artist. To obtain these visas, it is important to demonstrate that the support individuals are essential and integral to the lead artist and live music tour. This is often proven through the length of time the support crew has worked with the lead artist, an explanation about essentiality in the petitioner’s letter, photographs of the support crew performing with the lead artist, and other evidence about the support artist’s career and experience.

Can legal issues prevent me from getting my musicians’ visas?

At times, a past criminal or immigration issue can negatively affect a visa petition; however, these obstacles can be overcome with the assistance of an experienced immigration attorney. Depending upon what type of criminal or immigration problem it is and how long ago it happened, our office can present your case in a manner which gives it the absolute best chance for approval.

What is the Price?

Below, please find a breakdown of the costs associated with music-related visas. While legal/attorney fees are determined on a case-by-case basis, there are required filing fees that must be paid in full before the petition can be mailed to USCIS. These fees include:

  • Attorney Labor Fees: Determined on an individual basis. Please call for a consultation.
  • USCIS Filing Fee for Form I-129 (visa petition): $325.00
  • Peer Group Consultation: Between $150 – $450.00
  • Federal Express Fee: $50 to $100

What if I need my visa very quickly because of an upcoming concert?

Yes your Risk Free Artist Visa – Concert Tour will still be risk free. Normally, these visas take about 4-8 weeks for approval. But if this is a time-sensitive matter with pending concert dates in the near future, there is an option to obtain a decision on your visa petition very quickly. By using premium processing, which requires an additional filing fee of $1,225.00, USCIS will guarantee that your visa is approved within 15 days.

How does the guarantee work?

Email us as many items as possible from the Evidence List below regarding your career as a musician, artist, dancer, etc. If we feel we can win your case, and you hire us to represent you, we guarantee that your I-129 visa petition will be approved or your money back.* If we don’t believe your petition will be approved at this time, we will give you free guidance about steps to take to improve your case for a future filing. If you would like us to review your O visa case send us an email, call or schedule a free consultation at our office. Since artist visa inquiries are free, when using the online scheduler, simply skip the final step when prompted to pay. We still receive the appointment and will contact you immediately. *The money back guarantee applies to our Attorney Labor Fees only (see below). USCIS or other fees due are not included in the refund guarantee.


Adjustment Of Status (6)

What is Adjustment of Status?

Adjustment of status is an application procedure by which a foreign individual goes from having one immigration status (i.e. temporary visa holder) to having the status of permanent or conditional resident (also known as a green card holder). This process is done without the applicant having to leave the United States. A foreign national adjusts their status via an interview at the office of United States Citizenship and Immigration Services (USCIS). 

On the other hand, foreign nationals who are living outside of the United States and wish to adjust their status must do so through “consular processing”. The final paperwork and interview are handled by a United States embassy or consulate, most likely in the foreigner’s home country.

Can I adjust my status if I married a United States citizen?

The short answer is that it depends. First, it is important to note that green card eligibility and eligibility to adjust status are two different things.

All immigrants who marry a United States citizen become an “immediate relative” and are thus, in theory, eligible for a green card. However, being eligible for a green card does not mean that they are eligible to adjust their status. For example, an individual is not eligible to adjust their status if they entered the United States illegally even if they are married to a United States citizen (subject to some narrow exceptions).

Who is eligible to adjust their status?

In order to be eligible for a United States green card, the foreign national must meet the following requirements:

  • The foreign national must be eligible for a United States green card either through permanent or conditional residence usually through a close family member who is a United States citizen or permanent resident, an employer, or from being an asylee or refugee;
  • If the foreign national’s green card eligibility is based on employment or family – the alien must already have an approved visa petition on file, and the priority date must be current (if you have a priority date – this applies to immigrants in “preference categories” who must be on a waiting list before receiving their immigrant visa or green card).
  • If the foreign national’s green card eligibility is based on asylum or refugee status – the foreign national must have applied for asylum approval within one year of their entry into the United States;
  • The foreign national must be in the United States;
  • The foreign national must not have entered the United States as a foreign national crewman, in transit without a visa (TWOV), or under the Visa Waiver Program (although entry with visa waiver program is OK if you are a relative of a United States citizen);
  • The foreign national must (with some exceptions) be in valid visa status, and not have stayed past the expiration date of their permitted stay or worked in the United States illegally;
  • If the foreign national fits most of the criteria but are not eligible to adjust because of an illegal entry or other visa or status violation, they can, in some instances, apply for a waiver.

What if I am eligible for a Green Card, but not eligible to adjust status?

If you are not eligible to adjust your status, you may still be able to get a green card through consular processing. Consular processing should not be difficult if you are already outside of the United States. However, if the foreign national has spent more than six months in the United States unlawfully, then the alien will likely face penalties at their visa interview.

This is important information to discuss with your immigration attorney before leaving the United States for a consular interview – particularly because immediate relatives may be able to apply for a “provisional” or “stateside” waiver before leaving the United States, which will avoid being penalized outside of the United States if the visa is denied.

Which applications forms are needed to adjust my status?

The first form that you need is Form I-485, Application to Register Permanent Residence or Adjust Status.

The following forms will depend on how you are applying for your permanent residence in the United States. If you have not yet received your visa petition approval, you are eligible to file your petition and adjustment applications concurrently.

  • If your green card is family based: you’ll submit Form I-130, Petition for Alien Relative along with the appropriate supporting documents;
  • If your green card is employment based: you’ll submit Form I-140, Immigrant Petition for Alien Worker
  • If your visa petition has already been approved, then simply submit copies of the approval notices along with your Form I-485.

Assuming that you entered the United States legally and are adjusting your status on that basis, you should also include a copy of your Form I-94, Arrival/Departure Record

You must also pay a filing fee and a biometrics (fingerprinting) fee, and submit two passport style photographs, along with a copy of your birth certificate (and certified translation if it is not in English).

Unless you are a refugee, asylee, or a fiancé, you will also need to submit the results of a medical examination performed on Form I-693, Report of Medical Examination and Vaccination Record, by a doctor on USCIS’s official list. Those who have entered on fiancé visas or as refugees do not need to repeat the medical exam, but must now comply with vaccination requirements.

Applicants should also submit Form I-765, Application for Employment Authorization, allowing you to work in the United States. If you think you might travel before your application is decided upon, be sure to submit Form I-131, Application for Travel Document.

Applications based on Fiancé visas must also submit a copy of their marriage certificate.

Family Based immigrants must submit an Affidavit of Support, signed by the petitioner, on Form I-864.

Employment Based immigrants must also submit a letter from their employer stating their position, their salary, along with copies of their pay stubs.

The completed packet of forms, documents, photos, and fees must be submitted to the USCIS office having jurisdiction over the alien’s place of residence.

After you submit your packet, USCIS will review the packet for completeness and if a document is missing, USCIS will return the whole packet for re-filing.

You will be required to visit a local USCIS office within a certain time period to submit your biometric information.

What happens during the Adjustment of Status interview?

Several months after submitting your packet, USCIS will call you, and in some instances your petitioner for an interview. If you fail to attend your interview, without rescheduling, your application will be denied and you may be removed from the United States.

Bring proper photo identification to your appointment, such as a passport or driver’s license.

During the interview, the USCIS officer will review your application and ask questions to determine your eligibility and your petitioner’s financial ability to support you. If you’re applying based on marriage, you will need to bring evidence to demonstrate that you are genuinely married and currently cohabitating. The interviewer will ask you additional questions about your marriage.

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