My au pair wants to stay in the U.S. - anyone have experience with this?

[Anonymous]

My au pair extended with us after her first year, and is now approaching the end of her second year in the U.S. She wants to stay here permanently after the year is up and enroll in a local university (not working for us, just as a full time student.)

I have no idea how immigration-related matters work...what steps does she need to take to change her au pair visa to a student visa? Is this a realistic goal for her or is this type of thing routinely denied? Does she need a lawyer? Does it cost a lot of money? Can she go home first and then come back? Any advice from other host families or former au pairs would be really appreciated. Thanks!

[Anonymous]

http://forums.immigration.com/showthread.php?160484-J1-Au-Pair-Wants-to-Stay

http://www.city-data.com/forum/legal-immigration/946501-can-i-sponsor-my-au-pair.html


http://www.expertlaw.com/forums/showthread.php?t=12732

[Anonymous]

Wow, thanks!

[Anonymous]

http://www.dcurbanmom.com/nanny-forum/posts/list/276423.page

[Anonymous]

Best thing to do is go to the us embassy/state department and ask. And absolutely do not overstay her current visa. If she does, she will not be able to get another for a looooooong time.

[Anonymous]

http://j1visa.state.gov/programs/au-pair/

[Anonymous]

penguinsix wrote:

Anonymous wrote:Best thing to do is go to the us embassy/state department and ask. And absolutely do not overstay her current visa. If she does, she will not be able to get another for a looooooong time.

This is really important. Do not get her in an overstay situation. An overstay of 180 days will get her a 3-year ban on re-entering the USA. An overstay of one year will get her a 10-year-ban on re-entering the US.

Many kids in their 20s don't even think of these sort of things and just 'wing it'. But when the time comes to formalize something, or if they have to visit a loved one back home, they soon discover this ban is quite drastic and they are out of luck.

This! I know someone who did this and now she is trapped.

[Anonymous]

Thank you for asking and thanks for the responses. I'm having the same issue with my prior AP. She finished up with me in Feb. switched her visa to a visitor visa to extend for 6 months, now trying to change to a student. The info above is very helpful

[Anonymous]

The best thing for her to do is go back to her country of origin and go through the process there. It will take longer but the end result will be much better.

[Anonymous]

I find it sad sometimes when I read stuff like this. Your Au Pair, who came to the country legally, has to do all this paper work and proceedings, etc for an extension to stay when there are so many illegal immigrant here and nothing happens to them.

[Anonymous]

Can I also say that this is a typical feeling for young people to have after spending time abroad? I know I felt that way after spending a year in France at 19. Swore I would live there for the rest of my life. I came home, went on with life, finished my education here, etc.

My point being, that perhaps helping her in this endeavor is not realistic or even really a way of helping her mature. She has had a great experience here -- but it needs to end.

[Anonymous]

Anonymous wrote:Can I also say that this is a typical feeling for young people to have after spending time abroad? I know I felt that way after spending a year in France at 19. Swore I would live there for the rest of my life. I came home, went on with life, finished my education here, etc.

My point being, that perhaps helping her in this endeavor is not realistic or even really a way of helping her mature. She has had a great experience here -- but it needs to end.

No, it doesn't have to end.

[Anonymous]

Anonymous wrote:I find it sad sometimes when I read stuff like this. Your Au Pair, who came to the country legally, has to do all this paper work and proceedings, etc for an extension to stay when there are so many illegal immigrant here and nothing happens to them.

Not true. They are getting an easy path to citizenship.

[Anonymous]

I agree with the PP, it is not actually that hard. By enrolling as a student, that allows the person to stay here. She can eventually change her status, as time and circumstances allow.

[Anonymous]

penguinsix wrote:

Anonymous wrote:

penguinsix wrote:

Anonymous wrote:Best thing to do is go to the us embassy/state department and ask. And absolutely do not overstay her current visa. If she does, she will not be able to get another for a looooooong time.

This is really important. Do not get her in an overstay situation. An overstay of 180 days will get her a 3-year ban on re-entering the USA. An overstay of one year will get her a 10-year-ban on re-entering the US.

Many kids in their 20s don't even think of these sort of things and just 'wing it'. But when the time comes to formalize something, or if they have to visit a loved one back home, they soon discover this ban is quite drastic and they are out of luck.

This! I know someone who did this and now she is trapped.

If she marries an American and applies for an adjustment of status, provided she entered the country legally, the overstay will be basically overlooked.

Depends entirely on the type of visa she's on. As an au pair, she's on a J-1. Her I-94 should say "D/S" on it, which means that she can be out of status but not unlawfully present. The ticking clock for a bar from re-entry starts with unlawfully present, not out of status. (However, she can still be deported if she were "caught" here out of status.) I would call an immigration attorney. There are issues and nuances that cannot always be addressed by website advice.