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Answered3 years ago

Can a parent apply for a Non-Immigrant O visa (Guardian) separately from their child's visa renewal?

Davina ********
asked Dec 12, 2023
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Can a parent apply for a Non -Immigrant O visa (Guardian) not at the same time as the child? For example the child's Visa is due for renewal in March and the parent applies for their visa in April or May?
Answer summary
Yes, a parent can apply for a Non-Immigrant O visa (Guardian) after the child’s visa has been renewed. The parent can apply for their visa renewal independently, but the validity of the parent's extension will depend on the child's visa status, meaning it cannot exceed the validity of the child's visa.
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Ellie *******
Ellie *******
Yes for the initial Non-O visa and the very first 1-year extension applications. A parent can apply for those anytime after the child is on a Non-ED visa and extension. BUT, the parent's 1-year extension from Non-O dependent on a foreign child with Non-ED/extension is only until the validity of the child's extension.

According to your example, when the child's extension validity is until March, a parent can apply for an initial Non-O visa in May and then apply for a 1-year extension in August, but this extension is until March next year. This is because the "dependent" cannot get a longer stay than the main applicant. After that parent can apply for a 1-year extension in the same time frame as the child.
Davina ********
Davina ********
OP
@Ellie ******
Many thanks for your response. Can I just check I have understood your response. If my daughter's visa renews on the 4th March 2024 so her visa is valid for 1 year until 4th March 2025 but by husband does not apply for his until 15th for May 2024. His visa will only be valid until 4th March 2025
Ellie *******
Ellie *******
@Davina *******
, yes, you understand right basically (y). When your husband applies for the initial Non-O visa for 90 days on 15th May, he has to apply for a 1-year extension (ot visa anymore) in the middle of August. This extension will be until 4th March 2025.
John **********
John **********

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