Earlier quoted context omitted.
On the other hand, a lot of O-1 visas are given to models. https://www.wildeslaw.com/services/immigration/o-1-visas-for...
That's a O-1B visa. Slightly different (and more relaxed) criteria. O-1A requires "a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor ". O-1B merely requires "a high level of achievement in the field of arts, as evidenced by a degree of skill and recognition substantially above that ordinarily encountered".
How I got an O-1 visa as a software engineer
201–209 of 209 posts
Re: How I got an O-1 visa as a software engineer
#202Earlier quoted context omitted.
In the U.S. system, no visa (including a green card==permanent residency) constitutes permission to enter the country. A visa only enables the holder to travel to a port of entry and request permission to enter the country. That permission may be granted or denied regardless of the specific visa category. Even if you have a gold-plated, von-Neumann-league visa... if the employee at the bottom of the CIS/CBP/* org cha…
No, LPRs are sort of an intermediate category. CBP can't take away your LPR status, only an immigration judge or court can. So CBP has to let you in although you may be given a notice to appear in an immigration court. Trump discovered this when his administration tried to bar green card holders from muslim majority countries from re-entering the US.
Once that happens, CBP can initiate expedited removal proceedings: you are forced into some cell in the airport, without access to legal counsel or any possibility of communicating with the outside world, in some cases without access to the medications you need to take... until it's time for the next flight to the country that issued your passport. Since you've effectively been deported, you can get hit with a 5-yr ban on reentering the US. And you'll have a lot of explaining to do every time you apply for a visa for any country for the rest of your life, because the "Have you ever been deported?" little question is everywhere.
All this could happen, and has happened. (Not going into the side issues of what it takes for visas in various categories to be revoked, or why Trump's travel ban got watered down: which actually happened for a different reason)
[0] https://www.aclunc.org/our-work/know-your-rights/know-your-r...
Re: How I got an O-1 visa as a software engineer
#203Congrats OP! I'm trying to choose my words carefully, because I don't want to give the wrong impression: 1. I think it's great that OP got the visa, and it's clear (at least to me) that we should be attracting entrepreneurial types like OP to start businesses in the US. I also understand that our immigration system is hopelessly broken, and oftentimes the best one can hope to do is "hack" the system. So I commend you…
Re: How I got an O-1 visa as a software engineer
#204Earlier quoted context omitted.
Is your case public anywhere?
Not currently. The press stories got recently taken down after the court dismissed the charges. I hope to write it all up after my immigration status is fixed.
Re: How I got an O-1 visa as a software engineer
#205I find it insane that people think it's a good idea to flaunt how they got these things. Good for OP that he gamed the system, I have no ill-will for him. But the smart thing to do would be to keep quiet and enjoy the legal status, not write a blogpost showing how flimsily it was obtained. If I were the USCIS I'd see this as a sign that this whole visa application was made in bad faith.
Re: How I got an O-1 visa as a software engineer
#206Congrats OP! I'm trying to choose my words carefully, because I don't want to give the wrong impression: 1. I think it's great that OP got the visa, and it's clear (at least to me) that we should be attracting entrepreneurial types like OP to start businesses in the US. I also understand that our immigration system is hopelessly broken, and oftentimes the best one can hope to do is "hack" the system. So I commend you…
Re: How I got an O-1 visa as a software engineer
#207Earlier quoted context omitted.
Undocumented immigrants can get an ITIN, and many do. A lot of the time the ITIN will be used where it's allowed (opening bank accounts) and a counterfeit social security card where it's not (applying for employment).
Wouldn't that, by definition, turn them from undocumented to documented?
In terms of immigration, undocumented typically means you don't currently have a valid visa or residency permit. In that case no, they would still be undocumented, since the ITIN doesn't grant them either.
Re: How I got an O-1 visa as a software engineer
#208Earlier quoted context omitted.
Not currently. The press stories got recently taken down after the court dismissed the charges. I hope to write it all up after my immigration status is fixed.
I imagine you can apply for naturalization straight away if you get your green card issue retroactively fixed.
Re: How I got an O-1 visa as a software engineer
#209Earlier quoted context omitted.
No, LPRs are sort of an intermediate category. CBP can't take away your LPR status, only an immigration judge or court can. So CBP has to let you in although you may be given a notice to appear in an immigration court. Trump discovered this when his administration tried to bar green card holders from muslim majority countries from re-entering the US.
That's a dangerous oversimplification. Say you are a US lawful permanent resident. CBP has the power to deem your LPR status as having been abandoned (e.g., if you've been spending too much of your time outside the US, or established sufficient ties==primary residence in another country) or revoked (e.g., if you've committed one of a variety of crimes, which include any conceivable threat to national security). That…
"Lawful Permanent Residents (green card holders or LPRs): You only have to answer questions establishing your identity and permanent residency (in addition to customs-related questions). Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the U.S. for failure to answer other questions. LPR status may be revoked only by an immigration judge. Do not give up your green card voluntarily!"
Which strongly implies that CBP can't use expedited removal or consider you inadmissable when you apply for entry. You could certainly be detained until you are seen by a judge though (probably not much better) and I've heard of people being pressured by CBP to fill out a I407 (surrendering your LPR status) and then being removed.