How long can I stay in the US after I quit my job as an aupair?

I was workin as an aupair under a J1 visa (without 2 years home residency). I had to quit my job before the end of my contract. My fiance and i planned our wedding on october 20th. Will I have enough time before falling out of status?

Asked on September 24, 2012 under Immigration Law, Ohio


Michael Jacobson / M.A. Jacobson, P.S., Inc.

Answered 8 years ago | Contributor

In general, an unlawful presence in the US is penalized after 180 days, at which point the indvidual is inadmissible and deportable. The beneficiary of a marriage petition can stop the clock from turning by filing an appropriate petition with the CIS.   A changed intention (eg. to immigrate to or reside in the US after affirming non-immigrant, temporary status) will be inferred if the time interval is short.  There is no substitute for a detailed face-to-face assessment by a trained immigration lawyer.


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