Change of status on the last day of j1 to B1 and got denied. Can I apply for VWP or B1 again?

[MRCAL 0]

Hi! I worked in the US for 1,5 years and was working on getting my Mexican work visa until the very last day of the grace period of my J1. On that same day (March 29th) I applied to change my status to a visitors visa so I could lawfully stay in the country for a couple of days more. I did this under the advise of a lawyer who said I would have no issues or over stay. I left the US on March 31st.

Now I got a decisions regarding my change of status application and they said that I both overstayed my J1 visa and abandoned my change of status application.

Now I want to go to the US for 6 days to visit a friend. I probably can't apply for th VWP, but will I run into issues applying for a tourist visa?

Thank you

[aleful 1,905]

hi

probably not, you overstayed, plus you left only a few months ago,

you look suspicious, what type of friend do you have that you need to visit him or her? girlfriend/boyfriend?

you just left, you had time to visit your friend, you look desperate to return and overstay, you already overstayed so it looks like for immigration purposes, that you are trying to get back by any means possible

you can apply, but likely you will be denied

[arken 4,197]

Seems like a difficult road ahead. You applied for COS on the last day as in you mailed the COS application which likely reached to USCIS say a few days later. Only if your application was received by USCIS before the expiry of the grace period, your presence in the US would have been allowed as pending COS. So you definitely overstayed even it's only for 2 days. By leaving US, you abandoned COS for sure.

With the overstay, you can expect running into issues in getting a visitor visa.

[MRCAL 0]

hi

probably not, you overstayed, plus you left only a few months ago,

you look suspicious, what type of friend do you have that you need to visit him or her? girlfriend/boyfriend?

you just left, you had time to visit your friend, you look desperate to return and overstay, you already overstayed so it looks like for immigration purposes, that you are trying to get back by any means possible

you can apply, but likely you will be denied

It is my boyfriend, but I'm only looking to go and spend a few days. I have a job here and I won't abandon it. I have a travel set up to go and the ticket back. Can that help my case? If I try to get another type of visa later (fiancé or spouse) will I run into many issues as well because I overstayed?

Thank you

[EM_Vandaveer 2,388]

Fiancé or spouse visa will be OK as long as your total overstay was under 180 days. Like others said, tourist visa is very unlikely to be approved for you.

Edited June 18, 2016 by EM_Vandaveer

[MRCAL 0]

Fiancé or spouse visa will be OK as long as your total overstay was under 180 days. Like others said, tourist visa is very unlikely to be approved for you.

What about student visa? I should only encounter issues with the tourist visa? I don't plan on immigrating yet, I just want to be able to visit and travel throughout the country...

[EM_Vandaveer 2,388]

What about student visa? I should only encounter issues with the tourist visa? I don't plan on immigrating yet, I just want to be able to visit and travel throughout the country...

Any non-immigrant visa, including student visa will be very difficult/unlikely to get. By overstaying you pretty much made it impossible for yourself to just visit/travel.

Edited June 18, 2016 by EM_Vandaveer

[KierenHby 897]

What about student visa? I should only encounter issues with the tourist visa? I don't plan on immigrating yet, I just want to be able to visit and travel throughout the country...

You sound desperate to come to the US. Student visa is not for.. visiting a boyfriend.. for 6 days.

[canadian_wife 1,808]

J visa, change of status to a B denied, attempt an F visa, US boyfriend. It does sound like you are desperate to go to the U.S.

US student visas are for studying. Studying the US is very expensive and it doesn't sound like you even want to study.

Can your boyfriend not travel to Portugal to visit you? Or perhaps meet in another country?

Good luck

[MRCAL 0]

You sound desperate to come to the US. Student visa is not for.. visiting a boyfriend.. for 6 days.

I'm applying to colleges (before being aware of this) because I want to pursue an MBA next year, not to visit my boyfriend. I was planning on visiting next month as a vacation. I'm just trying to understand if I will still be able to go with those plans or not, because if not I need to consider other colleges in other countries.

[MRCAL 0]

J visa, change of status to a B denied, attempt an F visa, US boyfriend. It does sound like you are desperate to go to the U.S.

US student visas are for studying. Studying the US is very expensive and it doesn't sound like you even want to study.

Can your boyfriend not travel to Portugal to visit you? Or perhaps meet in another country?

Good luck

I never attempted an F visa and I want to study next year. Studying in a prestigious us college would be really good for my career and I can afford it. I posted my concerns here to understand better my options.

[Boiler 44,954]

6 days Much much easier for him to travel.

[MRCAL 0]

6 days Much much easier for him to travel.

I agree, the problem is vacation days... So the only solution to enter back in the US after overstayed is only by pursuing a more permanent solution (immigration which is somethig I'm not looking to do) ?

[Boiler 44,954]

A B is possible, the only way to find out is to apply.

Your history as described here is not that positive for a non immigrant visa. Maybe you have other things that help.

[MRCAL 0]

A B is possible, the only way to find out is to apply.

Your history as described here is not that positive for a non immigrant visa. Maybe you have other things that help.

What kind of things would help? I'm a traveled person and for that same reason, not being able to visit a country, independent of the ties I have to it, it's a door closing for me. Specially when I was unaware of the situation.