Jump to content
Sign in to follow this  
Sekai70

J1 status change and waiver

4 posts in this topic

Recommended Posts

Can anyone tell me if you are able to apply for waiver after you have overstayed more that 10 years, and how long the waiver takes to process. I can in with a j1 status and never applied for waiver, two year rule applied... please help

Share this post


Link to post
Share on other sites

Can anyone tell me if you are able to apply for waiver after you have overstayed more that 10 years, and how long the waiver takes to process. I can in with a j1 status and never applied for waiver, two year rule applied... please help

Woww 10years overstayed??? well you need to have a full consult with a competent immigration attorney to fully determine your rights and options. You cannot change status in the US because you are in violation of the status. If an Immigration Judge or DHS has not terminated your status, then you are not accruing unlawful presence and will not be subject to the three or ten year bar. So you can possibly apply for a new visa abroad. There is no guarantee you will get it because you are in violation of status, but you are eligible. nd the Department of State requires that all J-1 participants return home upon completion of their program

Edited by @@mirpeArL

Peårl £ûvs «Aåmïr»

Share this post


Link to post
Share on other sites

~Moved from Family-based AOS Progress to Student & Exchange Visitor Visa Forum~

~no AOS process~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

Can anyone tell me if you are able to apply for waiver after you have overstayed more that 10 years, and how long the waiver takes to process. I can in with a j1 status and never applied for waiver, two year rule applied... please help

You need to meet the 2 years home stay rule. If you got money from your government or an institution in your home country, then only they can waive the 2 years rule.

You would need this waiver of the 2 years rule to get any benefit in the US.

You would need a separate waiver for the overstay if you qualify as an Immediate Relative of a US citizen with an extreme hardship.

------

To do:

1. Get the J-1 waiver. Without it, you cannot adjust in the US. You must have this waiver to qualify to file to adjust. If you file to adjust without it, you will be denied for not meeting the 2 years home stay rule.

2. File to adjust after getting your J-1 waiver.

3. If the adjustment is denied because of an overstay, then you would need to file a hardship waiver.

Edited by aaron2020

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×