Yonkers, NY asked in Immigration Law for New York

Q: hi. I would like to know visa administrative processing time.

I am on j1 visa which will expire in 2 months. I am applying for o1 visa, but due to home service requirement on my current visa I am going to apply through US embassy in Canada. I know that O1 visa processing can be expedited to be done in 15 days. My question is, considering that I am a national of one of those 6 countries on Trump's executive order, how long is the administrative processing time range. Again, I understand that it is very variable, but would like to have the recent trend. The reason is: 1) I am renting an apartment and should now if I should sell all my belongings and get out of US or continue to pay rent. and 2) My job appointment is starting in 2 months so I should give them an idea weather or not it would be processed in a 1-3 month range or they should expect a 12 month wait. thanks

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3 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: This is complicated and there are personal issues that should be worked out over time, not based upon a Justia "Ask a Lawyer" query. The Executive Order is not the issue, since that order was stopped in Federal Court. The issue is the vetting that may take place in spite of the order. There were visa applicants who must go through additional review. If you are one of them, then it may take longer, but how long is unclear. It may not take long, but this post is vague, so it is best for a competent and experienced immigration attorney, who has the time, evaluate the situation. If you value an attorney's time, then most who will do a thorough job on such a matter will charge an appointment fee or demand additional funds after a so-called free consultation. The additional funds may prove more than the appointment fee. Good luck.

Leonard R. Boyer
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Answered
  • Immigration Law Lawyer
  • Clifton, NJ

A: You need to retain counsel. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Good luck.

Leonard R. Boyer
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Answered
  • Immigration Law Lawyer
  • Clifton, NJ

A: There are too many variables and changes being made almost daily to give you an answer.

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