Any advantages/disadvantages to having a tourist visa while aplying for an O Visa?

[glef]

I am trying to help a friend get an O Visa for people with extraodinary ability. She is Ukrainian, so it is that much more compicated. She has all the requirements necessary for the O Visa, but wants to visit the country before going ahead with applying for the O Visa.

I know sometimes, there are weird issues that raise flags that people might not think about.

If she visits, then leaves, then applies for the O Visa, will that have any effect on the decision the immigration office will make?

 

[Concerned4us]

She should consult an immigration attorney for a complete review of her petition. Each country has different quirks that would be known to an attorney specializing in petitions from that region. Check the AILA organization for assistance in locating an attorney to assist her.

If she wants to visit beforehand, she should apply for and visit on a B2 visa before beginning any other processing.

 

[BigJoe5]

I am trying to help a friend get an O Visa for people with extraodinary ability. She is Ukrainian, so it is that much more compicated. She has all the requirements necessary for the O Visa, but wants to visit the country before going ahead with applying for the O Visa.

I know sometimes, there are weird issues that raise flags that people might not think about.

If she visits, then leaves, then applies for the O Visa, will that have any effect on the decision the immigration office will make?

In short, NO. However, it is a legitimate purpose to first enter as a B-1 for a business meeting with the prospective O petitioner. There is no prohibition to entering as a B-1 and intending to change to an O. Both are nonimmigrant visas.

It is common for a propspective student to enter first as a B-2 to visit campuses with the intent of making a final decision on which school to attent and then change to an F-1 student visa. People in these situations who are honest and above board with consular officers have no problems with USCIS later on. B-2 visas are ofetn annotated as "prospective student".

In your friend's case, if she is indeed fully qualified for an O visa, that's great. Is she fully qualified for a B-1/B-2? OR does she already have a B visa?

SEE: http://www.uscis.gov/portal/site/us...nnel=b9930b89284a3210VgnVCM100000b92ca60aRCRD for basic qualification for the O visa.

SEE: http://www.uscis.gov/portal/site/us...nnel=7d316c0b4c3bf110VgnVCM1000004718190aRCRD for option to apply for a change of status while in the U.S.

SEE: http://www.uscis.gov/USCIS/Laws/Memoranda/2010/July/guidance-O-petition-gap_memo-07-20-10.pdf for validity period of the O visa.