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Can You Get a J1 Visa After Overstaying as a Tourist

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  • 10-04-2012, 06:24 PM
    sleepytime
    Can You Get a J1 Visa After Overstaying as a Tourist
    Hi-

    A few years ago we hosted an au pair on a J1 visa via one of the au pair companies. She went back to her home country at the end of her year. She had become good friends with one of our family friends and returned to visit them on a b1 visa about 15 months later. They filed an i-94 extension, which she received. During that time period she became pregnant and 6 weeks after her i-94 expired she gave birth. The next week the family did a legal, private adoption. About 9 weeks after i-94 expired she returned to her home country.
    It is now a year later, and our former au pair contacted us looking for an au pair recomendation so she could come back in the program. She had promised my friend that she wouldn't contact them for 5 years, but now wants to come see everybody. She has done the 2 year required time in her home country, and most au pair companies don't care about former host family recommendations, so she ordinarily would be able to come back.
    She is from a country that is NOT vwp.

    Will the u.s. embassy deny her visa because she overstayed on her last trip here by nine weeks?
    I'm sure she will be seeking some sort of non-immigrant visa even if the au pair thing doesn't work out- would the embassy deny a visa if they knew she has a compelling reason to stay in the United States?

    My friends weren't prepared for her to come back so soon and was picturing something happening when the child was older...

    thanks-
  • 10-05-2012, 12:07 AM
    T53147
    Re: Can You Get a J1 Visa After Overstaying as a Tourist
    What is her compelling reason to stay in the US?

    The length of her overstay - less than 180 days - does not result in a bar to entry. However, she must convince a VO to grant the visa. You are not required to give a recommendation; since you seem to have reservations about her conduct if she returns, do not do so. Your friends are not required to allow her to see the child unless required by the adoption. She has no relationship to the child. Your friends might want to speak with the attorney that handled the adoption if they fear unwanted contact in order to be prepared should she be able to enter the US.
  • 10-05-2012, 12:53 PM
    sleepytime
    Re: Can You Get a J1 Visa After Overstaying as a Tourist
    thank you very much for your advice, which I will tell them
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