Hello,
I am from Ukraine, and I have been here with Aupair (childcare program staying with an American family) with J1 visa for almost two years. My visa states that I am not subject to the two year residency rule - that I do not have to go back after my program.
Before, Aupairs have been able to adjust status here, and even if they become out of status, they were able to change status. I was told by a school's officer that with the new administration, if somebody becomes out of status during the adjustment of status, they decline their application. And it takes at least 6 months to do the adjustment of status, and can be up to 12 months. My visa expires in May, and even if I apply for adjustment of status now, I will become out of status if I apply to student visa.
Another option I was told by some lawyer is to apply to tourist visa, which gives me extra time a couple of months, and then after that to change to student visa. There is no guarantee for my tourist or student visa accepted in that as well, and maybe it may even affect my application badly that I am switching too many visa types just to stay here.
And my other option is to go back to Ukraine and apply for a student visa there. But I am also worried that if my application is denied there, I will not be able to come back here and study.
And lastly, there may be new laws that will be in place that will make it even harder to get visa for Ukranians or other nationals. I am also worried about that.
What are my chances of doing adjustment of status here? What is the best route to take? To stay here? Or to go back? If I go back, what are my chances?
Thank you in advance for your answers,
Sincerely.
I am from Ukraine, and I have been here with Aupair (childcare program staying with an American family) with J1 visa for almost two years. My visa states that I am not subject to the two year residency rule - that I do not have to go back after my program.
Before, Aupairs have been able to adjust status here, and even if they become out of status, they were able to change status. I was told by a school's officer that with the new administration, if somebody becomes out of status during the adjustment of status, they decline their application. And it takes at least 6 months to do the adjustment of status, and can be up to 12 months. My visa expires in May, and even if I apply for adjustment of status now, I will become out of status if I apply to student visa.
Another option I was told by some lawyer is to apply to tourist visa, which gives me extra time a couple of months, and then after that to change to student visa. There is no guarantee for my tourist or student visa accepted in that as well, and maybe it may even affect my application badly that I am switching too many visa types just to stay here.
And my other option is to go back to Ukraine and apply for a student visa there. But I am also worried that if my application is denied there, I will not be able to come back here and study.
And lastly, there may be new laws that will be in place that will make it even harder to get visa for Ukranians or other nationals. I am also worried about that.
What are my chances of doing adjustment of status here? What is the best route to take? To stay here? Or to go back? If I go back, what are my chances?
Thank you in advance for your answers,
Sincerely.
J Visas: Aupair Wanting to Become a Student but Afraid of Becoming Out of Status and Declined
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