QUESTION

My O-1 visa is about to expire and is in the process of being renewed. In the meantime, can I come back to the US with a simple ESTA ?

Asked on Jun 03rd, 2013 on Immigration - Texas
More details to this question:
My O-1 visa expires July 11 and is in the process of being renewed. I am about to go on holidays in Europe and will come back to the US July 9. The visa is in the process of being renewed but it might not be on time before my vacation. Can I come back to the US with a simple ESTA until the new visa is made ?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The ESTA allows approved individuals to board a carrier for the purpose of entering the US without visas for 90 days for visiting purposes under the visa waiver program. It is not intended to be a bridge until your O-1 visa is renewed. There is no authorization for work in the US under the visa waiver program. The fact that you have been in the US for so long under a working visa status may also be of concern to a CBP inspector at the port of entry even if you are approved for ESTA. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 18th, 2013 at 5:24 PM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hi. If you enter under ESTA, you will need to leave again to get into O1 status. Thus, when it gets approved, you will need to take the approval to the Embassy, get the visa and re-enter with the new O1.
Answered on Jun 03rd, 2013 at 5:31 PM

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