Legal Question in Immigration Law in New Jersey

J-1 Visa

My cousin is a Nanny with a J-1 Visa from Hungary. Her situation is not working out. The family is agreeable to her leaving. She can come stay with me. She is scheduled to return to Hungary in September. Is it possible for her to get a tourist or student visa. What is involved?


Asked on 1/21/02, 8:00 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: J-1 Visa

In my opinion, she should contact the sponsoring agency and try to get placed in another home immediately so she will not violate her status. She should not just go to stay with you.

If she is not subject to the two year foreign residency requirement based upon govt financing or skills list, theoretically she can change her status to that of a visitor or student assuming that she qualifies for the status she is seeking and can convince INS that she is not trying to postpone her departure indefinitely. However, this will not be easy to do.

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Answered on 1/22/02, 12:53 am


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