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

[Stellawalt 0]

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!

[Raccoon_CA 5]

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.

[Stellawalt 0]

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 ?

[Boiler 43,433]

Yes

[Raccoon_CA 5]

They definitely can.

[Stellawalt 0]

Oh wow. Would they though ? :/

[newacct 688]

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.

[newacct 688]

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.

[canadian_wife 1,791]

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

[nnicola747 0]

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!

[aaron2020 11,651]

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.