Jump to content
Stellawalt

Leaving with a J-1 VISA and come back as a tourist.

11 posts in this topic

Recommended Posts

Good evening,

I am a French exchange student at the city university of New York. My J-1 visa ended on may 30th and I am currently in my grace period of 30 days to leave the country. I wish however to enjoy the New York summer and booked my flight home on August 1st. Is it possible for me to exit and then re-enter the US with a tourist visa ? What does that process entail ?
Thank you for your answer! :)

Share this post


Link to post
Share on other sites

It depends on which J-1 you were on. If there was a 2-Year Home-Country Physical Presence requirement associated to your J-1 status, then you are technically not supposed to re-enter the U.S. for the next two years.

If you are not subjected to the 2-year requirement, just fill out your ESTA application prior to re-entering as a visitor on your next trip. However, given your previous history in the U.S. as a J-1, they may give you a hard time during inspection.

Share this post


Link to post
Share on other sites

Yeah the two year rule does not apply. I will make sure to print out my flight details to go back home to show them. I plan on flying to Canada have lunch with a friend and go down by car in Vermont the same day. Can they actually deny me coming back ?

Share this post


Link to post
Share on other sites

Yes


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

It depends on which J-1 you were on. If there was a 2-Year Home-Country Physical Presence requirement associated to your J-1 status, then you are technically not supposed to re-enter the U.S. for the next two years.

Not true. That only affects getting H or L work visas, or permanent residency. It has no effect on any other visas.

Share this post


Link to post
Share on other sites

Good evening,

I am a French exchange student at the city university of New York. My J-1 visa ended on may 30th and I am currently in my grace period of 30 days to leave the country. I wish however to enjoy the New York summer and booked my flight home on August 1st. Is it possible for me to exit and then re-enter the US with a tourist visa ? What does that process entail ?
Thank you for your answer! :)

If you don't need to go to another country, another option would be to just apply for Change of Status to B2, though it is quite expensive to apply for.

Share this post


Link to post
Share on other sites

Oh wow. Would they though ? :/

Because you cannot demonstrate strong ties to your home country. If asked, what can you show that you plan on returning to your home country after so long in the United States?

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

Hi Stellawait,

I am a Canadian and in a similar situation as yours, although I am in the grace period of an F1 visa, not J1. I was just wondering if you were able to come back in as a tourist before going back to France?

I am going to be moving to Europe in September, and wanted to go to Canada for a day and come back in as a tourist for a few weeks before I move. I have my new visa in my passport already, so I am obviously not intending on staying in the US forever.

I hope it worked out for you! Thank you very much!

Share this post


Link to post
Share on other sites

It depends on which J-1 you were on. If there was a 2-Year Home-Country Physical Presence requirement associated to your J-1 status, then you are technically not supposed to re-enter the U.S. for the next two years.

If you are not subjected to the 2-year requirement, just fill out your ESTA application prior to re-entering as a visitor on your next trip. However, given your previous history in the U.S. as a J-1, they may give you a hard time during inspection.

The 2 years Home Residence Requirement does not mean that she is not suppose to reenter the US for the next two years. Having a home residence does not prevent a person from visiting the US as long they are maintaining their home residence.

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
- 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.
×