Au Pair wants to stay

JFrankDMD

New Member
Hi everyone! I have an au pair on a J-1 visa who has been here for six months. She would like to stay with us and go to college full time next fall (Autumn 2007) but not be our au pair anymore. She can still live with us, but we need to know (1) if she should switch her visa, (2) if she can do it from the United States or if she has to go home first to Ecuador, (3) when she should start the switch, (4) if she can go home for a visit during this procedure. How long would this process take? Is it advisable to even pursue this? We would love for her to stay on living with us, but do not need her as an au pair after her agreed-upon stay is over in July. She would be going to college 15-18 hours per semester, which I believe qualifies for full time status. Any guidance would be appreciated! :)
 
(1) if she should switch her visa

she can either try to change her status or leave the States and try to get F-1 visa at the US consulate abroad

(2) if she can do it from the United States or if she has to go home first to Ecuador

either. The latter is advisable, because the consulates generally don't like it when people change status in the US, and she may have a problem getting non-immigrant visas later on. However, neither the visa, nor the change of status are guaranteed and may be denied.

(3) when she should start the switch

She would have to start by getting into a US university. The acceptance deadline for foreign students for next fall semester is early January. Once she is accepted (notification in March-April), she will work with the International center at the Uni, they will issue her an I-20 form, with with she will apply for a change of status about 3-4 months before classes begin, or leave the States in July and get an F-1 visa at the consulate.

(4) if she can go home for a visit during this procedure.

She can leave and try to get a visa without applying to change her status. However, if she applied for a change of status, then if she leaves the States while it's pending, she will forfeit the application to change status and will still need a visa. Basically, a waste of money.

How long would this process take?

change of status - 3-5 months. She will not be able to study until the change of status is completed and approved. The other way of going through it is to pick a university where they would allow her to continue her J-1 status in a different category (switch from au pair to an exchange student) instead of switching to F-1. Then, if she is accepted, and J-1 status can be offered to her, she will get a form DS-2019 instead of I-20.

Getting an F-1 visa (how long) depends on the consulate, the consulate's waiting periods for an interview, whether she gets stuck in a name check process, etc.

Is it advisable to even pursue this?

if she really wants to study - yes.

We would love for her to stay on living with us

you can offer her an official letter of support stating that you will provide her with living quarters. However, if there is a suspicion that living quarters will be exchanged for her illegal employment as your part-time nanny, it could be damaging to her.
 
she does already go to a community college as part of her J-1 visa requirement, 6 hours per semester, so she is already in the university program. Can she remain on the J-1 visa and extend her time? I understood that the visa could only be renewed once for a period of a year, but she wants to enroll in the engineering program which would, of course, take longer than one additional year to complete. Thank you for your guidance!
 
J-1 status has many subcategories. Each subcategory has its own rules and the maximum stay. Au pairs - 1 year, exchange students - pretty much unlimited. She will need to get a new DS-2019 from a university, where it would be specified that she will be an exchange student, not au pair.

I would not call a community college a university. Technically, she will be enrolled into a degree program, but one should remember that chances of getting a visa/change of status, besides all other factors, also depend on the program of study. A community college program compares poorely to a good university. The better the university, the better the chances of status change approval/visa. A consul may think that a person is not after a good education, but would rather get into the US in any way they can - and that may constitute immigrant intent.

Some community colleges (and other colleges) are not even authorised to issue I-20 or DS-2019.
 
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