Citizen of Venezuela, Expired J1, Currently in Peru as temporary resident

[KMArmenta 7]

Hello,

I have a family friend who was in the US on a J1 Visa working as a Spanish Teacher. She did not renew her visa and left willingly. She is a citizen of Venezuela but currently residing in Peru as a Temporary Resident.

Her son (under 18 at the time) was under her visa as well. He is a citizen of Venezuela residing as a temporary resident in Peru. He is now 19 and wants to return to the US as well. He did ROTC in high school here in the US and is currently interested in applying to College in the US.

Her fiancé was also on a J1 visa as a Spanish teacher. He is a citizen of Peru. He has applied and been denied twice for renewal of the J1 visa.

What are their best shots at returning to live/work in the US?

[canadian_wife 1,791]

Who are you asking about? The mother? The son? Or the fiance?

Son - would apply on his own for a US school.

Why were the J's denied?

Good luck

[KMArmenta 7]

Canadian Wife,

I am inquiring for all of them.

Luisa (The mother) has never applied to renew her J1.

Luis (The son) would apply for just a student visa? Would he be able to do a work study through the university under a Student Visa?

Hugo (The fiancé) was denied due to too many immigration attempts. His ex wife and daughter who were under his J1 visa stayed in the US, his ex wife married an American and went through the process and is now an American citizen as is his daughter. His last immigration attempt was 4 years ago with the embassy. He was given a verbal denial with no paperwork to explain a reason.

[canadian_wife 1,791]

So how does the Mother expect to go to the US? Derivative through the fiance (they would have to get married then)

Son - all of that would be through the university. He must apply now on his own merits.

Good luck

[KMArmenta 7]

Can the mother apply again for a J1? Is there a way she can apply for a family visa that would cover all three of them?

[canadian_wife 1,791]

Nothing stopping the mother from applying. Not sure how it works for a child over 18 and a derivative J visa, I'm sure you could google that right?

good luck

[canadian_wife 1,791]

No derivative for the fiancé, they must marry.

good luck

[Boiler 43,622]

She has no ban of course she can apply for a J1.

As can her Boyfriend.

Son if he was a Student Visa applies for a F1, no work visa? what do you mean. Needs an I 20 and of course lots of money.

[KMArmenta 7]

So if she reapplies for J1 her son and (husband if they marry) would apply as J2s with I-765. Is it possible to adjust status to permanent resident from J1 and J2?

[Boiler 43,622]

So if she reapplies for J1 her son and (husband if they marry) would apply as J2s with I-765. Is it possible to adjust status to permanent resident from J1 and J2?

Yes, not many visa types where it is nit, C and D come to mind.