What's the Best Way??

stormdore

New Member
Hi, everyone. I have a good friend who was my AuPair for 2 years. She went back to South Africa, as required by her J-1 visa. 6 months have passed and she wants to come back. SA is not where she wants to live. She wants to come back to her family (us!). We're not sure of the best way to get her here. But, here's what I'm looking at so far:

B-2 Tourist visa - It says that it is for stays from 90 days to 6 months. After that, she can change her status to another nonimigrant visa OR apply for a green card. If we choose this option, she would live with us, but not work until we get to the 6 month mark, when we would have another plan.

B-1 - For nannies, but I'm confused -- is it for other people who already have visas to bring their own domestic employees? Or can a US citizen use this to bring someone over?

EB3 "PERM" - She already has experience with us and I would pay for her to come back. I would be happy to sponsor her.

So, if you can give me any information as to whether or not these visas would work in my situation, I would be sooooo grateful. She is in a horrible situation in SA and would like to leave as soon as she can (which is why I was thinking the B-2 might work?). She would also like to become a US citizen in the future.

Thank you in advance for sharing your thoughts,

Terri
 
I suggest that you take a consultation with an immigration law specialist (member of AILA.org).

Visas are applied for by the individual requesting the visa. She does not qualify for a typical work visa which require a batchelorss degree (H1B). Since you are willing to sponsor her, you and she should work through an attorney for the best possible outcome.
 
You cant just apply for a greencard based on a tourist visa as there will be no basis for her to do so. If she comes over on a B2 then she will have to return once the date on her I-94 is reached.
 
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