Legal Question in Immigration Law in New York

Student visa

To Whom It May Concern

I need some legal advice about my situation. I am from Hungary and I was an au pair for 2 years. In my first year the EF Au Pair Company let their au pairs to extend their visa for the first time. I did so I could stay longer and go to school. My goal was to get a language test and apply for college or university. After my second year, I changed my status to B 2 so I could travel with my girlfriend -who was also an au pair. I got a letter from the INS included the I-94 form and a letter saying my change status was approved. It is valid from 11/09/2005 to 12/09/2005. From next January my school starts and I wrote e-mail to the American Embassy in Hungary to let them know about my situation. They were saying that it would be very hard for me to get F1 visa in the future because I violated the visa law by spending months in the US, waiting for the change of my visa status. But it wasn't my fault. I didn't know I was going to take such a long time and I was breaking the law at the same time. So I don't think it is fair from them. Now I can't start school because of that. Please help me!

What should I do in this situation?

Did I really violate the visa?

If yes, what is the next step?

What else I could


Asked on 12/01/05, 4:07 pm

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Student visa

Not having all of the relevant information (especially various dates) I cannot provide advice but, if I understood you correctly, the US Embassy seems to think that you were out of status after filing for change of status from J to B.

In general, if you file for a change of status while you are still in status, you do not become out of status if you do not get the response from USCIS past the date of the expiration of your "authorized stay" as per your I-94 and are physically remaining in the U.S. while waiting for the response on your application. Unless there's something else in your immigration history, this should not be a problem to your application to change status to a student visa now if you otherwise qualify for the change (or to apply for an F visa in Hungary).

Speak to the admissions office at the school of your choice to clarify. However, if there are other issues in your previous stays in the U.S. that may make you inadmissible (such as, for example, visa overstays or unauthorized employment), contact an immigration attorney.

The response above is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 12/05/05, 3:55 pm


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