Marietta, GA asked in Entertainment / Sports and Immigration Law for Georgia

Q: Employer filed a petition with the USCIS for my O-1B visa. It was approved while in Canada - Unlawful Presence 3yr ban?

My employer did not file from my P1 to O1 in a timely manner, as soon as I found out that i was only in pending status I headed back to Canada. I received a 3 year ban for overstaying under 180 days. My O1 visa was approved while I'm in Canada and my employer sent me a copy of my approved 797B. I tried to cross back to the US but was told I need a waiver? Is it best to file the i-192 at the port of entry or go through the US Consulate in Toronto to speed up the process? Please advise.

Marietta, GA

2 Lawyer Answers

Camlinh Nguyen Rogers

  • Immigration Law Lawyer
  • Sanford, FL

A: The stated facts create a complex case.

Seek opinions from an experienced immigration attorney. Good luck.

Martins I. Imudia

  • Immigration Law Lawyer
  • Tampa, FL

A: Since O-1 is a non immigrant visa, the beneficiary may qualify for a waiver. Retain an experienced immigration attorney to assist you.

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