Aupair Friend In Usa Wants A Visitor Visa

[happysanook]

Anyone can give some advice on this? She's Thai and already in USA.

From what I can see, a visitor "extension" is possible of a visitor visa, but she's currently on an Aupair (J1?) visa.

Is it possible to transition? And what steps should she take?

[daboyz1]

A J-1 is an exchange visitor visa. Not quite sure why she would need a visitor visa, or any kind of visa for that matter if she is already in the U.S.? A visa simply allows a person the chance to enter the U.S.

I think what you mean is that her J-1 is about to expire and she wants to stay longer. Unfortunately, she can not legally stay longer than the date that is stamped on her I-94. It's not a good idea to overstay the length of the stamp on the I-94. Overstays of 0-6 months are usually forgiven. 180 days to 1 year overstay = 3 year ban. More than a year = 10 year ban.

[happysanook]

A J-1 is an exchange visitor visa. Not quite sure why she would need a visitor visa, or any kind of visa for that matter if she is already in the U.S.? A visa simply allows a person the chance to enter the U.S.

I think what you mean is that her J-1 is about to expire and she wants to stay longer. Unfortunately, she can not legally stay longer than the date that is stamped on her I-94. It's not a good idea to overstay the length of the stamp on the I-94. Overstays of 0-6 months are usually forgiven. 180 days to 1 year overstay = 3 year ban. More than a year = 10 year ban.

I'm not asking about overstaying, though that information is welcome. Thanks for that.

What I mean is she wants to change from her current visa, to a standard visitor tourist visa. The purpose as you stated is so she can stay longer.

So what would the next step be to do that. Thanks for your reply.

Edited April 30, 2013 by happysanook

[daboyz1]

A J-1 is an exchange visitor visa. Not quite sure why she would need a visitor visa, or any kind of visa for that matter if she is already in the U.S.? A visa simply allows a person the chance to enter the U.S.

I think what you mean is that her J-1 is about to expire and she wants to stay longer. Unfortunately, she can not legally stay longer than the date that is stamped on her I-94. It's not a good idea to overstay the length of the stamp on the I-94. Overstays of 0-6 months are usually forgiven. 180 days to 1 year overstay = 3 year ban. More than a year = 10 year ban.

I'm not asking about overstaying, though that information is welcome. Thanks for that.

What I mean is she wants to change from her current visa, to a standard visitor tourist visa. The purpose as you stated is so she can stay longer.

So what would the next step be to do that. Thanks for your reply.

No, she can't adjust status to a tourist visa while in the U.S. She would need to apply for one at a U.S. consulate in another country.

[happysanook]

A J-1 is an exchange visitor visa. Not quite sure why she would need a visitor visa, or any kind of visa for that matter if she is already in the U.S.? A visa simply allows a person the chance to enter the U.S.

I think what you mean is that her J-1 is about to expire and she wants to stay longer. Unfortunately, she can not legally stay longer than the date that is stamped on her I-94. It's not a good idea to overstay the length of the stamp on the I-94. Overstays of 0-6 months are usually forgiven. 180 days to 1 year overstay = 3 year ban. More than a year = 10 year ban.

I'm not asking about overstaying, though that information is welcome. Thanks for that.

What I mean is she wants to change from her current visa, to a standard visitor tourist visa. The purpose as you stated is so she can stay longer.

So what would the next step be to do that. Thanks for your reply.

No, she can't adjust status to a tourist visa while in the U.S. She would need to apply for one at a U.S. consulate in another country.

And what about transitioning from the J1 to a regular education visa. From what I understand, this isn't a problem assuming all the requirements are met... Is that correct?

[daboyz1]

A J-1 is an exchange visitor visa. Not quite sure why she would need a visitor visa, or any kind of visa for that matter if she is already in the U.S.? A visa simply allows a person the chance to enter the U.S.

I think what you mean is that her J-1 is about to expire and she wants to stay longer. Unfortunately, she can not legally stay longer than the date that is stamped on her I-94. It's not a good idea to overstay the length of the stamp on the I-94. Overstays of 0-6 months are usually forgiven. 180 days to 1 year overstay = 3 year ban. More than a year = 10 year ban.

I'm not asking about overstaying, though that information is welcome. Thanks for that.

What I mean is she wants to change from her current visa, to a standard visitor tourist visa. The purpose as you stated is so she can stay longer.

So what would the next step be to do that. Thanks for your reply.

No, she can't adjust status to a tourist visa while in the U.S. She would need to apply for one at a U.S. consulate in another country.

And what about transitioning from the J1 to a regular education visa. From what I understand, this isn't a problem assuming all the requirements are met... Is that correct?

I don't know too much about that. I'd look up form I-539. It looks like a J-1 can only change to a T or U visa. Here's the instruction link.

http://www.uscis.gov/files/form/i-539instr.pdf

[ubonjoe]

According to this PDF a J-1 is not on the list of those that cannot extend their stay but they cannot use ELIS.

http://www.uscis.gov/USCIS/Resources/C1en.pdf

Reading I-539 instruction posted above It appears to me that she can extend and without changing status.

Edited May 2, 2013 by ubonjoe

[happysanook]

Thanks UBON...

can anyone decipher for this for me....

I'm not sure if she's subject to

Two-Year Home-Country Physical Presence Requirement

outlined in this link:

http://travel.state.gov/visa/temp/types/types_1267.html#twoyear

Of the 3 points listed, I'm not sure if the Aupair program is government funded at all.

Or if she is subject to it, if she can get a waiver.

[daboyz1]

Thanks UBON...

can anyone decipher for this for me....

I'm not sure if she's subject to

Two-Year Home-Country Physical Presence Requirement

outlined in this link:

http://travel.state.gov/visa/temp/types/types_1267.html#twoyear

Of the 3 points listed, I'm not sure if the Aupair program is government funded at all.

Or if she is subject to it, if she can get a waiver.

It is not only govt. funded, it is other careers as well. If she is subject to the 2 year HRR, Thailand is one of the countries where where a 2 year home residency requirement needs a waiver. She'll need a letter from the Thai govt. saying it's ok to waive the 2 year HRR. I think the letter required from the Thai govt. is called a "No objection letter"

I know someone that just went through this from Thailand that came to the U.S. on a marriage visa (CR-1) She was here in the U.S. on a J-1 for hotel management, so it's not just govt. funded. Granted she was was coming here on an immigrant visa, and not a non-immigrant visa. The good news is that you can apply for this waiver at the same time you are going through the process for an immigrant visa petition/application.

Here is an excerpt straight out of an email from the US Embassy in Bangkok:

Dear correspondent,

The 212(e) 2 year home residency requirement applies to all classes of immigrant visa including spouse visas.

Immigrant Visa Unit, US Embassy Bangkok

Privacy/PII

This email is UNCLASSIFIED.

You'll want to google 212( e )

[ubonjoe]

From link you posted. Which is mostly for new applicants not for extensions.

Restrictions - When you, as an exchange visitor are subject to the two-year home-country physical presence requirement, you must return to your home country for a cumulative total period of at least two years before you can do any of the following:

• Change status while in the U.S. to the nonimmigrant categories of temporary worker (H) or intracompany transferee (L);
• Adjust status while in the U.S. to immigrant visa/lawful permanent resident status (LPR);
• Receive an immigrant visa at a U.S. embassy or consulate; or
• Receive a temporary worker (H), intracompany transferee (L), or fiancé (K) visa at a U.S. embassy or consulate.

I don't see the mention anywhere of this applying to extensions.