A friend of mine is in the United States on a J-1 visa for a cultural exchange program. Her visa is set to expire in mid-July, with a one-month grace period until mid-August. Recently, she became a victim of a qualifying crime and has applied for a U visa. As part of her application, her legal team submitted Form I-918B, which is the law enforcement certification required for the U visa process. However, U visa processing times are very long, and she may not receive her Bona Fide Determination before her current visa expires. She needs to remain legally to attend a trial related to her case, yet her visa will expire before any decision is made. We are trying to understand what legal options she has to remain in the United States. Could she switch to a tourist or student visa without jeopardizing her status? What potential complications might arise? Her legal team has not provided clear guidance on maintaining legal status while waiting. Seeking competent advice. Thanks a lot.
If your friend’s J-1 is not subject to a two-year home residence requirement, she can seek a change of status to nonimmigrant categories other than H and L in the US. Attempting to switch to tourist or student visa could run into questions about whether she actually intends to leave the US following the expiration of those statuses. A possible problem is that if the U visa application is approved and then a nonimmigrant status is approved, the later approved application will be the one that is valid. Although we are not that familiar with U visas, we understand that U visa applicants are usually allowed to remain in the US under deferred action or parole during the pendency of the application. Other than these observations, I suggest that your friend attempt to keep closer communication with her legal team on her options after the filing of the U visa application. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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