J-1 Visiting Student with a disability

[yoll56 0]

Hello,

 

I am a French graduate student, I will travel to the US from March 2019 for a 5-month stay as a Visiting Student Researcher in a university lab.

Furthermore, I am disabled (using a wheelchair) and I need 24/7 assistance, so my father will be assisting me during my stay.

I already know I will have to ask for a J-1 visa for myself. However, I would like to know which kind of visa could be suitable for my father.

 

I hope I gave you enough information,

Thank you much for your help,

[Roel 7,192]

I don't think there is any kind of visa like that. Tourist visa is no good, since it sound like your father would be coming to work - as bad as it sounds - assisting you would be a job that US citizen can do.

[geowrian 22,337]

I tried to see if there was a way for a B-1 visa under the personal/domestic servant provision would work here, but in the end I don't see a good argument there. The requirements are pretty strict.

https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor

[Roel 7,192]

Wasn't there a visa that nannies could apply for in order to travel to the US with family they are attending to? I've seen this before, though not sure if this applies in this situation.

[mcdull 474]

there are visas available for nannies but you do not qualify.

 

Unfortunately, you cannot bring your father here as your personal helper.

 

I would suggest speaking with your school and see if they could help to hire a personal helper.

[yoll56 0]

Thank you very much for your answers.

 

I see what you mean but I do not really understand why assisting me could be considered a work as there is no money involved. Moreover, my school refused to pay a 24/7 assistance and that is the reason why my father would be traveling with me given the price of professional paid 24/7 assistance.

[Roel 7,192]

2 minutes ago, yoll56 said:

Thank you very much for your answers.

 

I see what you mean but I do not really understand why assisting me could be considered a work as there is no money involved. Moreover, my school refused to pay a 24/7 assistance and that is the reason why my father would be traveling with me given the price of professional paid 24/7 assistance.

Your father is not allowed to work under tourist visa and there is really no other visa available for him for that purpose.

 

And you said it in your own post - this is the kind of job professional should do and should be paid for - hence from the USCIS point of view, your father can't do it.

[geowrian 22,337]

15 minutes ago, yoll56 said:

I see what you mean but I do not really understand why assisting me could be considered a work as there is no money involved.

Work is not limited to paid employment. Even babysitting a grandchild is considered unauthorized employment for immigration purposes. The activities noted are those normally provided by a caretaker. The US would want a US-authorized worker to fulfill this job.

Presumably he would also be receiving non-monetary compensation (i.e. a place to stay...since you need 24/7 support, I assume he would be living with you).

[aznhouston 130]

By law, the school will have to arrange accommodation for you.

There is no such visa for your dad. The best he can do is to try applying for tourist visa but he has to leave.

[aznhouston 130]

My bad, they are only required to "provide 'reasonable academic accommodation'"

This is from my school's website:

https://ssl.uh.edu/class/political-science/graduate/admissions/students-disabilities/index.php