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  1. #1
    Join Date
    Aug 2006
    Posts
    1

    Default My Au Pair Wants To Stay in the U.S., No Student Visa

    The aupair that has been with my family for the last two years wants to stay in the US to continue her education. We have had preliminary discussions with the college and we are trying to get things started. Here is the issue:

    It is now the 2nd of August and the school semester starts on September 6/7. I don't think we'll get the full approval completed by the time the semester starts. She was scheduled to stay with us until October 29, 2006. If we get the visa by then, can she stay in the US until the new semester starts in January? She will be living with us and we will be providing most of the funds for her education.

    I hope this makes sense. I'd hate to see her have to pay to leave for only a very short amount of time. I assume that someone who is not in the country has to have some period of time to get into the states and find somewhere to live, etc.. so there should be some grace period, right?

    Thanks you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: My Au Pair wants to stay in US no student Visa

    As she is present in the U.S. on a J visa, the first thing you have to do is verify that she is not subject to the requirement that she return to her nation of origin for at least two years before she is again eligible for U.S. immigration status. There's a 30-day grace period at the conclusion of a J visa which, officially, "is to be used for domestic travel and/or to prepare for and depart from the U.S., and for no other purpose."

    If she will be out of status between the time her J visa expires and the time any educational visa commences, she would be expected to return home during that time.

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