Friend is Overwhelmed and Feels Helpless

[MrFluffles 0]

Hi all, my friend is in a bit of a bind and really feels helpless.

Long story short my friend has been under an au pair visa (j1?) for the last two years. She was able to get the extension, but now her time to head back to her home country is almost here.

In the long run, she wants to become a U.S. citizen. But till then, she simply just wants to remain in the U.S.

So the original plan was that she would reup for a student visa, and the host family she's with right now would sponsor her to go to school.

Well, it seems the host family has changed their mind, and without a sponsor from what I understand she can't even apply for the student visa. She's now devastated, and only has about a month to figure something out.

Here are my questions...

How does one obtain a sponsor? Like I know next to nothing about this process so step by step examples would be sooooo appreciated. Where to find them, how to find them, etc.

Are there any other visa's that she could apply for, something that could maybe give us some wiggle room time to figure out a new game plan for her to become a U.S. citizen?

Any other thoughts or tips about all this would be greatly appreciated. My knowledge of the visa process is little, the process seems overly complicated for its own good, thanks in advance.

[Little_My 464]

She does not need a sponsor for a student visa, but she does need to show adequate finances to fund her studies, as well as additional costs (rent, food, books etc.) during her studies in the US. This can be done with a help of a sponsor who either helps with paying for the studies, or for example provides her with room and board - but if she had enough money to show she can pay for her studies and living expenses here on her own, she does not need to get a sponsor for a student visa.

Before she can even apply for a student visa, she would have to be accepted to a study program here. Unfortunately, there is no way for her to accomplish that with the time she has left in her current visa. She would have to return home, start researching schools and study programs in the US, apply, get accepted - and then apply for a visa. The application period for fall 2011 has ended already (at least in most schools), so earliest she could probably start in a program would be January 2012.

The J1 is also available for internships - but if she has been here for 2 years as an au pair and has not been studying, and doesn't have a degree, then internship would not work.

The other possible visas available for her would be a tourist visa, which will allow her to be in the US for a maximum of 6 months (but she would have to leave first and then apply), or a work visa - but those are hard to get, and without an advanced degree not in her reach.

Unfortunately, I don't see a way she could stay here straight after her current J1 expires - she will have to return home, wherever that is, and then look at her options and see if the student visa route would be possible. It will take considerable finances though. What education does she have previously? And where is she from?

Edited April 23, 2011 by Mrs.Finland-USA

[Anh map 2,098]

Your friend is a long way from citizenship. Becoming a Lawful Permanent Resident (green card holder) is the first step. And then citizenship is several years after that.

Same answers that you got back in February when you asked.

[Little_My 464]

Just looked at the February thread. MrFluffles, just like Anh map said, all you need to do is go back to that thread and read what people answered to you two months ago - nothing has changed since then. Unless your friend wants to risk some serious consequences and possibly risk being eligible to any type of a US visa again, she will have to leave the US when her current status expires.

Also, you never answered the question about the home stay requirement - does her J1 visa state that the 2 year home stay requirement applies to her?

Edited April 23, 2011 by Mrs.Finland-USA

[MrFluffles 0]

She does not need a sponsor for a student visa, but she does need to show adequate finances to fund her studies, as well as additional costs (rent, food, books etc.) during her studies in the US. This can be done with a help of a sponsor who either helps with paying for the studies, or for example provides her with room and board - but if she had enough money to show she can pay for her studies and living expenses here on her own, she does not need to get a sponsor for a student visa.

Before she can even apply for a student visa, she would have to be accepted to a study program here. Unfortunately, there is no way for her to accomplish that with the time she has left in her current visa. She would have to return home, start researching schools and study programs in the US, apply, get accepted - and then apply for a visa. The application period for fall 2011 has ended already (at least in most schools), so earliest she could probably start in a program would be January 2012.

The J1 is also available for internships - but if she has been here for 2 years as an au pair and has not been studying, and doesn't have a degree, then internship would not work.

The other possible visas available for her would be a tourist visa, which will allow her to be in the US for a maximum of 6 months (but she would have to leave first and then apply), or a work visa - but those are hard to get, and without an advanced degree not in her reach.

Unfortunately, I don't see a way she could stay here straight after her current J1 expires - she will have to return home, wherever that is, and then look at her options and see if the student visa route would be possible. It will take considerable finances though. What education does she have previously? And where is she from?

Africa. Dont know if she has a bachelors, maybe.

Same answers that you got back in February when you asked.

Actually, different situation, the plan became for her to obtain a student visa, which fell apart recently. I'm sorry this thread has caused you to respond in such a smug manner.

Also, you never answered the question about the home stay requirement - does her J1 visa state that the 2 year home stay requirement applies to her?

She does not have a stay home requirement. I will take another look at the thread again in case i missed something.

Edited April 23, 2011 by MrFluffles

[Anh map 2,098]

The student visa is not a quick process. And from what you say she no longer has any work authorization. As stated above without acceptance to a college/university and documentation that she has the funds to pay for the schooling, the student visa is not viable.

There is no good option for her to obtain work visa from inside the country. Visas are applied for outside of the country.

She doesn't have a path to a green card, which makes citizenship impossible. A work visa is tough to get, an employer must petition for that. And the employer must demonstrate that there isn't a person already in the US that can fill the position. With the current economy most employers are not going to expend the money or the effort to help someone with a visa.

Overstaying her visa can lead to bigger problems down the road such as bans to reentry.

Suddenly marrying a US citizen and applying to adjust status will invite a lot of scrutiny from the interviewing officer. If your friend is from a higher fraud country, that might really be stressful. Not being truthful during the immigration process can also have dire consequences. The worst being a lifetime ban.

As you describe her circumstances the options are very limited.

[Little_My 464]

The main point that was made in the previous thread was that, A) she has a long way to go for citizenship, she needs to become a legal permanent resident (green card holder) first, and B) there is no easy, non-expensive way for her to continue to stay here.

As she is not related to a US citizen, or planning to marry one, the only options she has are a work visa and a student visa - and, of course a tourist visa, but that is for maximum of 6 months, and after living here for two years it might be difficult for her to get one right after her J1 expires.

If she can find someone - parent, relative, or the au pair family if they changed their minds - to sponsor her studies here, then the student visa would be an option. But as I said, she first has to apply and be accepted to a study program. I personally do not see any way for her to stay here when her current status expires, she will have to leave, and then if she applies and gets accepted to a program and can come up with a way to fund her studies and life here in the US, she can return as a student.

[MrFluffles 0]

The main point that was made in the previous thread was that, A) she has a long way to go for citizenship, she needs to become a legal permanent resident (green card holder) first, and B) there is no easy, non-expensive way for her to continue to stay here.

As she is not related to a US citizen, or planning to marry one, the only options she has are a work visa and a student visa - and, of course a tourist visa, but that is for maximum of 6 months, and after living here for two years it might be difficult for her to get one right after her J1 expires.

If she can find someone - parent, relative, or the au pair family if they changed their minds - to sponsor her studies here, then the student visa would be an option. But as I said, she first has to apply and be accepted to a study program. I personally do not see any way for her to stay here when her current status expires, she will have to leave, and then if she applies and gets accepted to a program and can come up with a way to fund her studies and life here in the US, she can return as a student.

Thanks all, I really do appreciate your insight. I can see the similarities between the two threads. Was just hoping to catch a path or option I might have missed. Slight case of denial on my part, heh....

Thanks again.

Edited April 23, 2011 by MrFluffles