Hello, Researchers! 

I am looking for information regarding obtaining a J-1 visa for an
illegal alien already residing in the U.S. The reason I am asking for
this is that I wish to offer a position as an au pair to a friend of
mine who currently resides in the U.S. working for someone else. I am
uncomfortable hiring an illegal alien as it is against the law, but am
interested in offering legitimate employment as an au pair if it is
possible. My questions are as follows:

1. Is is possible for someone to obtain a J-1 visa while residing
illegally within the U.S.?

2. What is the proper process to follow in order to obtain a J-1 visa
(cost, how long it takes, etc.)?

I appreciate your help and look forward to the information that you can provide.

Sincerely,
Pleasetellme-ga

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Request for Question Clarification by mvguy-ga on 10 Jan 2004 06:31 PST

What country is the person from? How long as he/she been here?

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Clarification of Question by pleasetellme-ga on 10 Jan 2004 07:51 PST

Thank you for getting back to me. She is from Brazil and has been in
the U.S. for about 2 years. From what I understand, she came on a
business visa and stayed past when the visa expired. I also believe
that this is her second visa violation, but I'm not sure and I don't
know details. I think she did this another time years ago? Again, I'm
not certain on that.

I don't know how common it is to enforce legal charges for providing
housing to someone. I know that paying someone who is here illegally
is not allowed (though maybe it's me--it doesn't seem to be enforced),
but what about simply providing housing? I'm not trying to change the
scope of the question. My main question remains what can I do to
legally have her live with us as an au pair?

Thank you. I really appreciate any help with this.

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Clarification of Question by pleasetellme-ga on 11 Jan 2004 16:51 PST

Hello researchers!

I've raised the price a bit on this. Is there anything else that I can
do to help clarify what it is I'm looking for? I'm not sure what else
to add. Any advice?

As to the comments listed below, I assume those are in jest, but just
in case--that's not an option. I'm married. :)

Thanks so much,
pleasetellme-ga

Marry her?

Marry him/whatever the case may be.

Hi pleasetellme, 

It's hard to answer your question exactly, as so many factors come
into play. The US has a set quota for each country.

A few years ago, a woman I knew came to me for help with her
immigration papers. She had been living undocumented in the US for
about 5 years, and was married to a Mexican man who already had his
green card. Her husband had taken her to a fly-by-night lawyer who
took a lot of money, but did little over a period of 2 years.

What I did was call Immigration, who told me how to find the forms
online to apply for her green card. We filled out the papers and took
them downtown to immigration. There she filled out more paperwork,
paid a $1,000 "fine" for entering illegally, and was taken back for an
interview; I was not allowed to accompany her. Later they told me of
the quota, and that she had to wait till there was "room" for her! She
has been waiting three years, having to go back once a year for
renewal. She was given a permit to work though. She is still
considered "illegal", but is allowed to work, and does so. Each year
she has to pay, I believe $250 to renew the work permit and
application for a green card. When she does get her green card, she
will need to go out of the country, into Mexico , to receive it! (My
Venezuelan ex-husband was also required to be out of the country to
receive his, and he was here on a valid student visa during the
process...being married to me, a US citizen had no bearing on his
case)

Have you checked the US Citizenship and Immigration Services web site?
http://uscis.gov/graphics/index.htm

Try www.murthy.com