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Blueberry Pancake

Overstayed J-1. Can I re-enter?

By Blueberry Pancake in Tourist Visas

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Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted

I will try to keep it short and simple :)

I went to the US in 2006 on a J-1 visa- AuPair. In 2007 I extended the program for another year, and got a new status- til Nov 2008. In Dec 2007 I went home for X-mas, knowing I would have to re-apply for a new visa. I got one, and my I-94 form got stamped "D/S". (then, taking a huge risk again, I went home for a vacation 3 months before my visa expired and was let back in :) )

I should have left the US in Dec 2008 (including the grace period), but I didn't. I went back to my country in April 2011.

I saw an immigration attorney back in the US and he said that I was very lucky cause:

- I was not subject to 212(e)

- my visa had no actual expiration date

Which means that while I will probably never be granted any non-immigrant visas, I may, in the future, apply for either K1 or H1B/H2b. And that I am NOT barred from ever coming back to the US.

I would appreciate your take on this, guys...

Was my lawyer right?

Any chance I could be granted a tourist visa AND be let into the US?

angel&devil

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

With a 2.5 year overstay, it is unlikely you will get a tourist visa. Maybe many years from now, but not with less than two years since you returned home.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
  • Author
Posted (edited)

Even if 2-year home residency rule does not apply? As I stated above, I was not subject to 212(e).

From what I understand, I was 'only' out-of- status, but did not accrue any unlawful presence.. Ergo, I am not subject to 10 year bar.

This is this loophole my lawyer told me about- the one that made so 'lucky'.

Edited by angel&devil

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

You are asking a bout a tourist visa though- they will be afraid you overstay, like last time. You can always apply and see- you have nothing to loose but the application fee. I'd be extremely surprised if you get it.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
  • Author
Posted

Yes, I realize that. Just want to make sure :)

What about other visas? K1/H2B? What would my chances be with those?

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

Boiler Grand Master

Boiler   45,995

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Should not be a problem for a K or H1.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Teddy B Grand Master

Teddy B   17,252

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Even if 2-year home residency rule does not apply? As I stated above, I was not subject to 212(e).

From what I understand, I was 'only' out-of- status, but did not accrue any unlawful presence.. Ergo, I am not subject to 10 year bar.

This is this loophole my lawyer told me about- the one that made so 'lucky'.

Even though you didn't accrue any illegal presence, you still had a very long overstay and border patrol knows this. You weren't subject to the mandatory bar, but you will not be allowed back in the states for some time, exactly how long, no one can know for sure. You may want to wait 3 years, which is the minimum length of time for a mandatory bar. As has already been said, a tourist visa may not be feasible in your case.

Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
  • Author
Posted

Alright, so this would be a definite NO to a tourist visa. Exactly as the lawyer I talked to said.

Thanks!

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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