Au Pair wants change visa, withdraw from program

[Anonymous]

I have a local Brazilian au pair friend who has had a difficult time with her host family and it sounds like they have mutually agreed to part as soon as possible. Is there any way for someone like her to withdraw from the Au Pair program early and transition to a tourist or educational visa to finish up her time here? She was supposed to finish up in March (her travel month). Suggestions on how to do it and if a lawyer is required?

[Anonymous]

It is not possible. Why doesnt she rematch?

[Anonymous]

She has to return and get a new visa.

[Anonymous]

As PPs said, the only way to change your visa is to apply for a new from your own country; unless you are targeted by a foreign government/ISIS for assassination or something the State Dept does not flex on that for anyone.

[Anonymous]

She should just stay, the state department will never know.

[Anonymous]

Anonymous wrote:I have a local Brazilian au pair friend who has had a difficult time with her host family and it sounds like they have mutually agreed to part as soon as possible. Is there any way for someone like her to withdraw from the Au Pair program early and transition to a tourist or educational visa to finish up her time here? She was supposed to finish up in March (her travel month). Suggestions on how to do it and if a lawyer is required?

She needs to rematch. Au pairs are in high demand now.

[Anonymous]

SHe can't do it. Sorry, she's not special. She can, however, rematch, as others have said.

[Anonymous]

she can have her pick of families.

[Anonymous]

A simple Google search will tell you that the immigration laws are crystal clear on this. Hard no.

She has to return to Brazil and apply for whatever visa she is interested in.

Behavior like this is why immigration from some countries is so hard and why the door is straight out closed for many.

[Anonymous]

I don’t think that’s true. If she has the money or you do there are several things you could do.. we helped more than one au pair gain a student visa, one did a tourist visa then transitioned to a student. You need to hire a lawyer and someone needs to be willing to kick down financially. If her host family isn’t doing that then I don’t really see much of a chance unless she has money herself.

[Anonymous]

Anonymous wrote:I don’t think that’s true. If she has the money or you do there are several things you could do.. we helped more than one au pair gain a student visa, one did a tourist visa then transitioned to a student. You need to hire a lawyer and someone needs to be willing to kick down financially. If her host family isn’t doing that then I don’t really see much of a chance unless she has money herself.

If she had a difficult time with the HF, they’re not going to foot the bill for a student visa, nor are they going to allow her to stay in their home.

[Anonymous]

Anonymous wrote:A simple Google search will tell you that the immigration laws are crystal clear on this. Hard no.

She has to return to Brazil and apply for whatever visa she is interested in.

Behavior like this is why immigration from some countries is so hard and why the door is straight out closed for many.

Please don't take legal advice from "a simple google search". Consult an immigration attorney. It is possible to complete a change of status within the U.S. even if subject to 212(e); it would likely require a no objection statement from the home government.

[Anonymous]

Anonymous wrote:A simple Google search will tell you that the immigration laws are crystal clear on this. Hard no.

She has to return to Brazil and apply for whatever visa she is interested in.

Behavior like this is why immigration from some countries is so hard and why the door is straight out closed for many.

It was a hard "no" in 1997 when I did it without returning to my country. Hard "no" now according to many of you,yet, I'm in school with a South American 2nd year Au Pair who is on student visa now and still lives and works for the family. In fact, I know many girls who changed their visas without leaving. Some got married and some went to school. Only one had to leave the country or made the mistake of leaving the country, and having to wait years in husband's former country to come back.

[Anonymous]

Anonymous wrote:

Anonymous wrote:A simple Google search will tell you that the immigration laws are crystal clear on this. Hard no.

She has to return to Brazil and apply for whatever visa she is interested in.

Behavior like this is why immigration from some countries is so hard and why the door is straight out closed for many.

It was a hard "no" in 1997 when I did it without returning to my country. Hard "no" now according to many of you,yet, I'm in school with a South American 2nd year Au Pair who is on student visa now and still lives and works for the family. In fact, I know many girls who changed their visas without leaving. Some got married and some went to school. Only one had to leave the country or made the mistake of leaving the country, and having to wait years in husband's former country to come back.

Well, they are breaking the law if they work on a student visa. This could screw them over when they go to adjust their status. They will also have large tax liability. Getting married is another story, they can adjust their status through a real marriage and work once them have authorization.

[Anonymous]

Anonymous wrote:

Anonymous wrote:A simple Google search will tell you that the immigration laws are crystal clear on this. Hard no.

She has to return to Brazil and apply for whatever visa she is interested in.

Behavior like this is why immigration from some countries is so hard and why the door is straight out closed for many.

It was a hard "no" in 1997 when I did it without returning to my country. Hard "no" now according to many of you,yet, I'm in school with a South American 2nd year Au Pair who is on student visa now and still lives and works for the family. In fact, I know many girls who changed their visas without leaving. Some got married and some went to school. Only one had to leave the country or made the mistake of leaving the country, and having to wait years in husband's former country to come back.

Wait, so you're advocating for an AP to lie and get a student visa, which prohibits work, but continue working for their former family?! This is why the process is so hard!