Legal Question in Immigration Law in Maryland

I've been an aupair in the US for almost 15 months now. My J1 visa expired 10 march 2010, but I have a certificate of eligibility for exchange visitors (J1) status that is valid till 1March 2011. I would like to get a student visa. My question is: when should I apply for it? I am not a subject for 2 year rule. Thank you.


Asked on 5/30/10, 1:54 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

When does your I-94 card expires? If your I-94 card had already expired, you should have departed the USA prior it its expiration date. Certificate of eligibility has nothing to do with how long can you remain in USA.

If you are out of status, you can't apply for a change of status.

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Answered on 5/30/10, 5:53 pm


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