Has anyone returned to the United States after over staying under 180 days on a J1 Visa or any other visa?
Upvote:3
There are several issues here: whether you were "out of status", whether you accrued any "unlawful presence" and how much, and whether you can get a visa.
Assuming you abided by all the rules of J1 status during your program, your J1 status ended 30 days after you completed your program as indicated on your last DS-2019. After those 30 days, you became "out of status", which means you were deportable (though you weren't deported), and if any future forms asked whether you violated the terms of your visa, you have to say yes.
Even though you were "out of status", you did not accrue "unlawful presence", because generally, you must stay past the date on your I-94 in order to automatically start accruing "unlawful presence", and you had no date on your I-94 (you had "D/S"). "Unlawful presence" can also start accruing under 2 circumstances: 1) if you applied for some benefit to USCIS and it was denied along with a determination that you are out of status, or 2) if you were given a final order of deportation in immigration court. Neither of these happened for you, so you never started accruing "unlawful presence". The term "unlawful presence" is basically only relevant for the purposes of bans. If you accrued 180 days of "unlawful presence" and left the US, you would have a 3-year ban, and if you accrued 1 year of "unlawful presence" and left the US, you would trigger a 10-year ban. But in your case since you are not accruing "unlawful presence" (due to having "D/S"), you would not trigger a ban even if hypothetically you left the US years after your program ended.
Not having a ban doesn't mean you will get a visa in the future. Most types of nonimmigrant visas are subject to "immigrant intent", where you have the burden of overcoming the presumption that you intend to immigrate. Basically, this is a catch-all reason to deny people visas if the officer subjectively feels that the person doesn't have strong enough ties to their country, or is not sufficiently trustworthy, etc. If you have had any immigration violations in the past, or otherwise did something in the US the officer didn't approve of, that increases the chances that the officer will deny the visa using this reason. But since this ground of denial is completely subjective, it does not correspond to legal concepts like whether you were "out of status" or had "unlawful presence", so the above discussions about those don't really tell you anything about whether you will get a visa or not.
More post
- 📝 Are there holiday villages for large families in the Italian Lakes region?
- 📝 Uk visa for Indians travelling for a month
- 📝 Qatar - Doha - Lounge Options
- 📝 Places for camping without a caravan in UK
- 📝 What are 'LMU' and certificates?
- 📝 May I drive an Indian-registered car in Nepal?
- 📝 Validity of Czech Republic visa when Indian passport is re-issued
- 📝 Type C Schengen visa refused after a failed application for a spouse visa
- 📝 Cleanliness of public toilets in the Philippines - myth or misconception?
- 📝 Travel from the US to Cancun with a layover in Cuba as an European citizen
- 📝 Checked luggage on AirAsia in a journey involving two airplanes
- 📝 Visit visa for Canada from Bangladesh
- 📝 Charger of laptop 110-240 V
- 📝 Will my boyfriend have any issues at UK border?
- 📝 Applying for UK visa with multiple bank accounts
- 📝 What regularly-occurring event do the most people travel for every time it is on?
- 📝 Schengen Visa/Italy 90 day visa
- 📝 Passport/visa check traveling by coach from London to Paris
- 📝 Do I need a Ukraine visa as a permanent USA resident?
- 📝 Does the Malaga airport bus have luggage racks?
- 📝 Transit in FRA (flight from non-Schengen to non-Schengen), COVID test required or not?
- 📝 Do I need to check out my luggage if I exit the airport during transit?
- 📝 Things to do in Wailea, Maui when you don't have a car
- 📝 Hokkaido in late November -- hiking, not skiing
- 📝 Overview of upcoming flights from a specific airport?
- 📝 Questions regarding luggage pick up in Delhi in transit
- 📝 What does a Mauritian need to visit France?
- 📝 Crossing national borders within the EU (Germany and France) as an unaccompanied minor
- 📝 How to fill out 2.8 Visa Application Form of China if you have more than one inviter?
- 📝 What is the point of travelling?
Source: stackoverflow.com
Search Posts
Related post
- 📝 Has anyone returned to the United States after over staying under 180 days on a J1 Visa or any other visa?
- 📝 Entering the United States on a return ticket from Mexico under the VWP
- 📝 How can I visit the US after overstaying by 6 days over 10 years ago?
- 📝 Can I enter the Schengen area after previously staying there for 89 days in the past 6 months?
- 📝 Can I enter USA under VWP, leave after 10 days to go to Mexico for 12 days, and then re-enter the US under a J-1 visa to study for four months?
- 📝 Can I bring a personal amount of over the counter drugs into the United States which are prescription only in the USA?
- 📝 Can I come to the US 60 days after school has resumed?
- 📝 Getting a B-2 Visa two months after staying 90 days in the US
- 📝 90 days in the US under the VWP - is it possible to leave after say 60 days for 2 weeks and then return for a week
- 📝 90/180 rule. Do I have to leave Schengen for 90 consecutive days after the 180 day period (even if I only stayed 90 days in the 180 day period)
- 📝 Can I visit the Schengen area again after spending 180 days outside it?
- 📝 Can you stay in Turkey for over 90 days within the 180 day visa period but split over different visits?
- 📝 How soon can I re-enter the USA after staying there for 60/90 days ? when does the program re-set?
- 📝 Traveling to the United States a year after getting a tourist Visa (B2) which is valid for 5 years
- 📝 Staying in the Schengen Area after the permitted days of entry but before the visa expiry
- 📝 Entering for the third time in US under ESTA/VWP after two 90 days stays
- 📝 applying for UK visa after attempting an overstay in the united states
- 📝 Do I need a new visa to return to France after having spent over 90 days in the past year there?
- 📝 How can one travel to South Africa after previously having been banned for an overstay, after the ban has expired?
- 📝 Want to enter the United States through Visa Waiver Program but consulate-issued ePassport doesn't have a chip
- 📝 Can I drive in the United States with a Sri Lankan driver's license?
- 📝 Entry quarantine for entering the United States
- 📝 Visiting a National Park in the United States
- 📝 Inner tubing down rivers in the United States
- 📝 Turkish visa processing still ongoing after the date of my intended trip has passed. What can I do?
- 📝 Can I re-enter the US under VWP after my J-1 visa expires?
- 📝 Is it possible to extend your stay after entering the US under VWP?
- 📝 Questions concerning a minor flying out of the United States with someone who is not their parent
- 📝 Is the 180 days in a year UK non-rule (myth) a hidden/unwritten rule?
- 📝 Can I enter the United States on a Visa Waiver, go to Mexico and re-enter with an F1 visa?