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Im an Au Pair on J1 visa and decided to leave the host family 3 months before my year is end am I allowed to stay in US?

Southampton, NY |
Filed under: J-1 student visa

Visa question, J1, being able to stay in USA

Of course I mean stay in USA for those 3 months (till my visa expires) - or am I getting deported instantly by my agency?

Attorney Answers 3


No, you are supposed to leave. You are considered out of status (which not good), but not an overstay (which is worse) unless USCIS makes a decision to deny a change of status. However, this may complicate matters for future visas unless you depart within a reasonable time.

If you have concerns, consult with a competent and experienced immigration attorney.

This is general information, not legal advice, and does not create an attorney client relationship.

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No, not unless you apply to change your status to B-2 visitor.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Your J-1 visa is based on you being an au pair. If you leave the host family then you should leave the US. As pointed out by my colleague you may want to file for a change of status to a tourist.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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