From Au Pair to Student or Worker

Navigating Your U.S. Immigration Options

Our Immigration attorneys have had the privilege of representing Au Pairs in the United States for over two decades. We take pride in safeguarding the legal status of these bright, ambitious individuals with dreams of cultural exchange and professional growth.

The Au Pair program, administered by the Department of State, allows young adults aged 18-26 to provide childcare while participating in a cultural exchange. However, we’ve seen far too many Au Pairs face avoidable legal hurdles due to misinformation or lack of proper guidance as they near the end of their stay.

Imagine This:

  • Maria’s Story: Maria, an Au Pair from Brazil, was devastated to learn that staying with her host family beyond her program’s expiration—even for a few weeks—led to unlawful status in the U.S. The agency had told her there was a “60-day grace period” to remain, but Maria didn’t realize this didn’t mean she could continue working. With our help, she was able to correct her immigration status and successfully apply for a student visa to pursue higher education.
  • Host Family Dilemma: The Johnson family, a dual-career household, reached out to us in panic when their Au Pair’s DS-2019 was about to expire, and the replacement Au Pair’s arrival was delayed. They wanted to ensure their current Au Pair could stay legally for a brief overlap. By working with an experienced immigration attorney, they navigated the process and avoided any gaps in childcare or legal complications.

The Following Tips Are Essential For Au Pairs to Avoid Losing Their Immigration Options:

  1. Seek Proper Legal Advice:  Don’t rely on agency staff for immigration advice. For example, another client, Elena from Germany, followed her agency’s suggestion to “just stay a little longer” while awaiting her family’s new Au Pair. When she realized her status had lapsed, we assisted her in resolving the issue, so she could continue her dream of studying in the U.S.
  2. Open Dialogue with Your Host Family:  Host families are often supportive and willing to help. For instance, the Smiths wanted to sponsor their Au Pair, Sophia, for a change of status, allowing her to transition seamlessly into a new visa. With clear communication and legal guidance, Sophia avoided overstaying her visa and continued her journey in the U.S.
  3. Plan for Life After the Au Pair Program:  Whether it’s pursuing further studies, returning to the U.S. after a brief absence, or applying for a work visa, consulting an experienced immigration lawyer at least 45 days before your DS-2019 expires can make all the difference.

At our law firm, we provide the expertise to navigate these complex situations. Our immigration lawyers are members of the American Immigration Lawyers Association (AILA) and offer a complimentary 20-minute video consultation. Whether you’re an Au Pair or a host family, we’re here to help turn uncertainty into confidence.

We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703) 966-0907. B&E Capital – Vassell Law Group, PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers (AILA).


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