Lost sevis

[Merrytooth 5,748]

Thanks for the info! I planned to come back and fulfil my 2YHR anyway. We didn't know the consequences of me doing overstay in certain time can effect me that bad.

So can't I come back to the us?

Do I need I20 to apply AOS later?

If you can't get the J1 waiver, then you must go back home to fulfill your 2 years HRR.

1) I'm not sure if you need sevis form I-20 or not. But you should try get a copy from your sponsoring agency/school.

Or are you talking about DS-2019 for Certificate of Eligibility for Exchange Visitor Status (J-1) ?

2) You won't be filing Adjustment of Status inside US.

You will be doing consular processing in your home country Indonesia.

3) Since you already have overstayed 3 years in US, you will trigger a 10 years ban when you leave US.

4) Your USC spouse has to file I-130 petition/spousal visa for you.

5) You will be denied during consular interview for the overstay ban, and your USC has to file an extreme hardship waiver which usually involves a lengthy and heavily documented process of proving extreme hardship of living in the US without you or moving to Indonesia.

If you already have a lawyer/attorney, you should ask him/her about the chance of J1 Exceptional hardship waiver (hardship to USC spouse or child) first before making plans to go back home.

http://www.nolo.com/legal-encyclopedia/j-1-visa-holder-get-exceptional-hardship-waiver-two-year-home-residency-requirement.html

Edited October 7, 2016 by Merrytooth

[Jojo92122 1,924]

What do you mean I will not be allowed back into the US?

When you go home, you will not be able to get a US visa because of the 2 HRR. Since you will not have a US visa, the US will not allow you to come back into the US.

[Jojo92122 1,924]

Thanks for the info! I planned to come back and fulfil my 2YHR anyway. We didn't know the consequences of me doing overstay in certain time can effect me that bad.

So can't I come back to the us?

Do I need I20 to apply AOS later?

You can not come back until you get a US visa.

Since you have a 2 years HRR, you will need to finish that before the US Government will give you a visa to come here.

You can only get a US visa after you finish your 2 years HRR.

You can not AOS because you will be stuck in your home country until you get a US visa.

[Himenov 2]

Thank you so much!

Really don't wanna have 10 years ban, and I'll talk to my lawyer

If you can't get the J1 waiver, then you must go back home to fulfill your 2 years HRR.

1) I'm not sure if you need sevis form I-20 or not. But you should try get a copy from your sponsoring agency/school.

Or are you talking about DS-2019 for Certificate of Eligibility for Exchange Visitor Status (J-1) ?

2) You won't be filing Adjustment of Status inside US.

You will be doing consular processing in your home country Indonesia.

3) Since you already have overstayed 3 years in US, you will trigger a 10 years ban when you leave US.

4) Your USC spouse has to file I-130 petition/spousal visa for you.

5) You will be denied during consular interview for the overstay ban, and your USC has to file an extreme hardship waiver which usually involves a lengthy and heavily documented process of proving extreme hardship of living in the US without you or moving to Indonesia.

If you already have a lawyer/attorney, you should ask him/her about the chance of J1 Exceptional hardship waiver (hardship to USC spouse or child) first before making plans to go back home.

http://www.nolo.com/legal-encyclopedia/j-1-visa-holder-get-exceptional-hardship-waiver-two-year-home-residency-requirement.html