I-539 denied after I left USA, can I still come back?

[El Samuel 0]

Hey folks,

I was a J1-Student, applied with I-539 for a change of status within my legal period, went on a raodtrip, flew back to Germany while my application was still pending, then it was denied due to me being stupid and not reacting on their request for mor evidence of financial funds... But I was not illegal during my stay! So far so good but my question is:

Can I still enter the USA even though my application was denied?

Will there be any consequences I gave to face?

Thank you for future answers!

[Hypnos 6,576]

Enter in what status?

[El Samuel 0]

Hi Hypnos,

I don't know, probably B1 or B2! I'm thinking about studying there again or maybe working there but not in the next couple of years..

I didn't do anything "wrong" (illegal) so far right?

Just wanna make sure I didn't up completely...

[Hypnos 6,576]

Since you departed when you were in status then you shouldn't have a problem entering on a B-2 in the future, or at least not from the denied I-539.

[Harsh_77 718]

You can enter but you will still need to apply for some visa, if you have already have B1/2 you might be able to use it but again it will be upto officer on POE to make the call if he is going to admit you in the country or not.

He would be able to see your request was denied and it would be obvious to him once he admits you in the country you will be try to change your status again.

[El Samuel 0]

And if I can somehow show that my reason to change my status was a "once in a lifetime thing"? It was about getting a little more time to travel after my semester finished befor I went back home...

[Harsh_77 718]

You can try but my guess would be it would be really difficult to convince the CO , I am sure they have seen hundreds of similar requests honest and dishonest ones.

You will not know until you try though.

[El Samuel 0]

Ok but at least there is no general barrier for me... I could travel with the Visa-Waiver-Program, so no Visa needed I guess

[jan22 3,056]

Ok but at least there is no general barrier for me... I could travel with the Visa-Waiver-Program, so no Visa needed I guess

Assuming your ESTA is approved, yes, you will be able to get on a plane to the US -- but, the final decision about entering is always made by the immigration official at the Port of Entry. He/She will have information about your attempt to adjust status (adjust to what status, you don't say -- might help get you the best answers), You say it was a "once in a lifetime experience" to travel after finishing your studies (i.e., once in a lifetime opportunity to travel within the US) -- but, obviously, it wasn't, since you now are looking at the opportunity to travel to the US again. All of that will be looked at by the officer before granting your entry to the US, IMO.

[jan22 3,056]

And, BTW, not quite sure about your timing based on the way you phrased your post -- if you stayed beyond the time permitted by your legal entry (30 days after the end of your J program) and your change/extension of status was denied (even if it was denied after you left the US), you might have a record of unlawful presence in the US because of the denial. For example, you finished the J program on May 31st. -- you had until June 30th to leave the US. Sometime prior to June 30th, you filed for the change, stayed in the US until September, and the denial was issued in October. You had unlawful presence from June 30th until your departure date. If, however, you left prior to June 3oth (in my fake scenario), you're okay. Make sense?

[Boiler 45,553]

Unlawful presence = no VWP.

[jaycali 415]

Ok but at least there is no general barrier for me... I could travel with the Visa-Waiver-Program, so no Visa needed I guess

As long as you were not out of status at any point, I don't see any problems.

[OpenRate001 0]

You were not out of I-94 status and should effect your travel VISA status.

[TBoneTX 45,328]

Thread from 2013 is now closed to further comment.