Leaving when DS2019 expires then re-entering on ESTA

[Biabarida 7]

Hello,

 

My friend has been teaching for 2 years on a J1 visa. She is planning on visiting Vancouver Canada when the DS2019 expires and then re-entering on the Visa Waiver 1 week later. 

 

This seems to me like a bad idea. Seems like she will be denied re-entry at the border. Anyone have more experience with this?

[SusieQQQ 11,584]

3 minutes ago, Biabarida said:

Hello,

 

My friend has been teaching for 2 years on a J1 visa. She is planning on visiting Vancouver Canada when the DS2019 expires and then re-entering on the Visa Waiver 1 week later. 

 

This seems to me like a bad idea. Seems like she will be denied re-entry at the border. Anyone have more experience with this?

She will presumably have an outbound ticket to leave the US again (not to an adjacent country) within 90 days?

[Biabarida 7]

Just now, SusieQQQ said:

She will presumably have an outbound ticket to leave the US again (not to an adjacent country) within 90 days?

yes. she will go to hawaii for 2 weeks then fly home to spain.

[payxibka 10,044]

A step out to an adjacent country does NOT reset the clock.  So if her time in country on the J-1 is expired then it will be a potential problem

[SusieQQQ 11,584]

1 hour ago, Biabarida said:

yes. she will go to hawaii for 2 weeks then fly home to spain.

Hawaii is part of the US, makes no difference if she spends those 2 weeks there or at a hotel at the airport! 

As above she needs to be back inside the US and have departed for Spain before j visa has expired.  If she just wants to “visit” Canada as a way to extend her stay for a few weeks past her visa expiry that won’t work.

[Biabarida 7]

1 hour ago, SusieQQQ said:

Hawaii is part of the US, makes no difference if she spends those 2 weeks there or at a hotel at the airport! 

As above she needs to be back inside the US and have departed for Spain before j visa has expired.  If she just wants to “visit” Canada as a way to extend her stay for a few weeks past her visa expiry that won’t work.

Thank you, this was my understanding as well. I was just looking for further support.

[Coco8 1,039]

She has a 30 day grace period with the J1. She should find that out with whomever sponsored her J1 because she can use that time to travel to Hawaii.   

 

 

[SusieQQQ 11,584]

5 hours ago, Coco8 said:

She has a 30 day grace period with the J1. She should find that out with whomever sponsored her J1 because she can use that time to travel to Hawaii.   

 

 

But she wants to go to Canada too, does the grace period work for re-entry or only apply if you stay within the US?

[Coco8 1,039]

25 minutes ago, SusieQQQ said:

But she wants to go to Canada too, does the grace period work for re-entry or only apply if you stay within the US?

There is something called automatic revalidation for traveling to Canada or Mexico with expired F1 or J1, but I'm not sure it would be pertinent for this case because this person finished the program and is not coming back to continue with that. It is usually for students and a J1 for teaching could work differently. 

Edited May 15, 2018 by Coco8

[payxibka 10,044]

28 minutes ago, SusieQQQ said:

But she wants to go to Canada too, does the grace period work for re-entry or only apply if you stay within the US?

No because the moment she departs her status ends

[cyclone27 710]

Go to Hawaii first then Canada - problem solved!

[SusieQQQ 11,584]

8 minutes ago, Coco8 said:

There is something called automatic revalidation for traveling to Canada or Mexico with expired F1 or J1, but I'm not sure it would be pertinent for this case because this person finished the program and is not coming back to continue with that. It is usually for students and a J1 for teaching could work differently. 

I understood (but could be wrong) that the automatic revalidation applies for when visa expired but still within the period granted by the I94, which she wouldn't be.

[Coco8 1,039]

11 minutes ago, SusieQQQ said:

I understood (but could be wrong) that the automatic revalidation applies for when visa expired but still within the period granted by the I94, which she wouldn't be.

The DS 2019 would have to be valid. The i-94 probably says D/S.