Overstayed?

[cindia_ba 0]

Hi all,

I need some light here... I went to the US in a J1 au pair visa but things did not work well in the program so I left it and stayed there until my visa due (was more thah 180 days). I was thinking that I was legal, but now I know the D/S thing in my I-94. But after I left the program I got my drive´s license . And they keep your documents for almost 3 months to see your status. So this means that I am not 3-years ban? I have read that D/S visas only is ban if they receive a letter of a judge, is it true? I am so confuse...

Thanks,

[aussiewench 9]

Are you still in the US with your fiance? I'm presuming you have one as you have posted in the K-1 forum.

[cindia_ba 0]

Are you still in the US with your fiance? I'm presuming you have one as you have posted in the K-1 forum.

No I am not in the US anymore.

[kitkat1 5]

It's not clear from your post if you left the program, lost your J1 status and then overstayed.

If you overstayed between 180 days and 365 days in the US beyond the allowed date of your J1 visa, you are subject to a 3 year ban. More than one year of overstay is a 10 year ban. It doesn't matter if you received a letter from a judge (?) or not.

If you are applying for a Fiance Visa, you will need to file a 601 waiver at your consulate interview where you will be denied based on the overstay. The 601 is the waiver to "forgive" the overstay. It involves a letter proving extreme hardship written by your USC fiance or spouse if s/he had to move to your country as a result of your visa being denied. Depending on which consulate you would go through, it can be very easy or very difficult.

See here:

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235b(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(v) Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

[cindia_ba 0]

I left the program and I think that I lost my J1 status. But why they would give me a drive´s license if I had lost my status? The drive´s thing it is making me confuse.

It's not clear from your post if you left the program, lost your J1 status and then overstayed.

If you overstayed between 180 days and 365 days in the US beyond the allowed date of your J1 visa, you are subject to a 3 year ban. More than one year of overstay is a 10 year ban. It doesn't matter if you received a letter from a judge (?) or not.

If you are applying for a Fiance Visa, you will need to file a 601 waiver at your consulate interview where you will be denied based on the overstay. The 601 is the waiver to "forgive" the overstay. It involves a letter proving extreme hardship written by your USC fiance or spouse if s/he had to move to your country as a result of your visa being denied. Depending on which consulate you would go through, it can be very easy or very difficult.

See here:

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235b(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(v) Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

[kitkat1 5]

The ability to obtain a driver's license often has no relatioanship to your legal status in this country especially depending on when you got it. Or perhaps you were in status when you got your license. If you left the program that allowed you to get a J1, chances are that you lost your status on that date. I suggest you consult an attorney to clarify your true situation before you proceed with anything else. That way, there won't be any big surprises along the way.

[aussiewench 9]

I found this.....

Please keep in mind that there is an important difference between an J-1 visa and J-1 status. A J-1 visa is the stamped page in your passport placed there by a U.S. Consular Officer for entry purposes only. J-1 status is granted once you enter the United States Citizenship and Immigration Services (USCIS) and USIA. Even if your visa in your passport is valid, you can still lose your legal J-1 status if you do not comply with the applicable immigration laws regulating your stay in the U.S. If you fail to maintain your legal J-1 status, you will need to apply for reinstatement, or in some cases, be forced to leave the country.

Also if you are looking at a K-1 visa.....you need to find out if the 2 year home residency rule applies to you.

Edited May 28, 2006 by aussiewench