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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29028
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am travelling with my daughter to the states for 3 weeks

Customer Question

i am travelling with my daughter to the states for 3 weeks in July . We will be tourists however she is attending a yale young global scholars course for 2 weeks. we applied for the ESTA but now i am worried she needs a J1?
JA: It's hard to know for sure. The Immigration Lawyer will figure it out.
Customer: The program says most students come on a basic tourist visa or ESTA . However I asked one person there and they said the ESTA is ok but last night I got an email saying a J-1 may be required at our end, They need no visa for us to attend the program, and there are no credit points awarded.
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: no we are australian citizens and my 16 year old school daughter got into this yale course for 2 weeks as she is really bright
JA: Have you talked to a lawyer yet?
Customer: No that is why I am contacting you. its impossible to talk the the american consulate
JA: Anything else you want the lawyer to know before I connect you?
Customer: To make things a bit more complicated . We are going to Italy for a 4 week break on Monday . We come back on the 16/7 and then fly out to the Staes on the 21/7(5 working days)
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 4 months ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith Ludwic replied 4 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

See page 23-24 of the Foreign Affairs Manual which permits those entering on a B1/B2 visa to be able to attend a short course of study when their primary purpose of the visit is for tourism.

https://www.hooyou.com/b1-visa/9%20FAM%2041.31%20N.pdf

Although ESTA bypasses the requirement of visa stamping for those exempt countries the rules of the B1/B2 visitor visa apply to those entering on ESTA.

You and your daughter may use your ESTA to enter as visitors for pleasure as your primary purpose of visit as long as you can show you are engaging for a period of time as tourists.

Experts are only paid for their time providing you a low cost alternative to getting immigration law information if you RATE their answer. Everyone likes to think that their time and knowledge has value, I am sure you expert to be paid at work for your time and knowledge. It is no different for an expert. No rating, no pay. May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

Expert:  Judith Ludwic replied 4 months ago.

Anything more I can answer for you to earn your positive rating?

Experts rely on your rating as that is the only way we are paid for our time.

Judith