Student Visa Denied

R

Rocket90

New Member
We have hosted an au pair for the past two years. She is from Ecuador. Her visa expired on 10/28/06. Back in August, we made a decision to sponsor her as a student in the US. We went to a local college and discussed this situation. They gave us all the details and paperwork to fill out. As a sponsor we had to give information about finances and other details. During our time at the college, we were concerned about the fact that she wouldn't be starting classes until January and that her visa was expiring in October. We even asked if we should enroll her in classes in September, even though she wasn't prepared to take the classes. They said it wouldn't be a problem and not to worry about the gap in status. They said that as long as there was paperwork in motion, everything would work out okay. Well it didn't work out okay. We got a denial letter today stating that there was a gap in status and this would mean an automatic denial. They said that the gap could only be 30 days, which would be around December 8, 2006. We had a difference of 43 days.

Is there anything we can do to fix this situation?

Any help is appreciated.
 
Yes there is!

Hello there,

Who ever you talked to didn't do their homework properly. USCIS will always deny any application if the petitioner goes illegal even for a day (out of status is the worst thing one does to himself). Granted there are situations where USCIS simply pays no attention to the fact that one is out of status(it is the exeption and not the rule though).

In your case, and not to harp on a done deal, the student could've simply requested an extentsion (whatever grounds) while working on getting registered wiht a College and having a new status, that way she would have been covered by the "Case pending" status. Applying while out of status was the worst thing you guys have done.


What you can do now is one of the following:

First of all remember J1 has complications that eventually require the person to leave the US for 2 years.

1. Let her go back home, while you register her (apply to a college/Univ) and get her new paper work (F1 or J1 paper gets done at the University in this case). When the paper is ready you can send it to her and she can get a visa stamp at the US embasyy back in her country. This shoud be very easy and straighforwards, granted the Embassy sees no other problems. This is the best option.

2. Get a lawyer involved and discuss it with him, and reapply for the extension/change of status, it would seem to me that a good lawyer can argue 13 days out of status is nothing provided few good words/letter of explanation....


Good luck,
 
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