Overstaying a J1 Visa

[lmarie1993 0]

Hi.

 

I am currently in my 2nd year of a J1 Au Pair program. I am a UK national. My visa is set to expire August 31st 2018. I am aware that we are given a month 'grace period' after this date, meaning I should leave the US on September 31st 2018. I am curious what would happen if I overstayed this. I purely want to travel for a longer period of us to 4-5 months (not work illegally). On my I94 it says D/S rather than an expiration date. I am not subject to the 2 year home residency clause. I have read on posts that an overstay of under 180 days would not result in any further consequence. Is this correct? 

I know the legal option would be to leave, and apply for an ESTA and return... but this still only gives me 90 days and I would have the added airfare costs. I have worked hard for almost 2 years and want to travel slowly and connect with the friends i've made during this time. 

Also would overstaying for less than 180 affect when i apply for the VWP in the future?

And, would flying internally flag up that my visa has expired?

I look forward to everyones response!

Edited October 4, 2017 by lmarie1993

[lmarie1993 0]

I should also note- I have no intention of marrying a US citizen or trying to obtain a green card. If the US made the B2 visa an easier process that is what I would do, but unfortunately everyone I know was DENIED multiple times. 

[Merrytooth 5,748]

You should consider yourself lucky that you can use VWP to visit US anytime you want.

 

If you overstay your visa, you would have to apply for B1/B2 tourist. VWP will no longer applicable to you.

Also, it will be a blemish on your immigration record that you can't be trusted to follow US immigration rules.

 

So why close this door and limit your future options?

[databit 328]

Even staying a few HOURS of overstay will make you lose the VWP.  Some people who tried to stretch it to the last day found the plane was cancelled through no fault of their own, or the weather got bad, or the car broke down and they missed their flight. Leave a few days early when you leave. 

[BuiQuang 95]

overstay.  ignore us immigration laws.  what can go wrong?

[geowrian 22,337]

39 minutes ago, lmarie1993 said:

I am curious what would happen if I overstayed this.

Nothing good will happen.

39 minutes ago, lmarie1993 said:

I purely want to travel for a longer period of us to 4-5 months (not work illegally). On my I94 it says D/S rather than an expiration date.

Technically you won't accumulate unlawful presence, but the overstay will still be considered for any future immigration benefit (including entry on an ESTA).

39 minutes ago, lmarie1993 said:

I have read on posts that an overstay of under 180 days would not result in any further consequence. Is this correct? 

No. Any immigration violation jeopardizes future attempts. If abuse happens more more often, it risks the country being excluded from the VWP.

39 minutes ago, lmarie1993 said:

I know the legal option would be to leave, and apply for an ESTA and return... but this still only gives me 90 days and I would have the added airfare costs. I have worked hard for almost 2 years and want to travel slowly and connect with the friends i've made during this time. 

Great. You know what the legal option is. Nobody on this site can condone or advise you how to take any illegal option. The VWP is a powerful option that many, many people here would love to have.

39 minutes ago, lmarie1993 said:

Also would overstaying for less than 180 affect when i apply for the VWP in the future?

Even 1 day of unlawful presence results in inadmissibility for an ESTA. You would need a visa for any future travel to the US, and getting a tourist visa with any overstay is not easy.

 

39 minutes ago, lmarie1993 said:

And, would flying internally flag up that my visa has expired?

Not likely, but is possible.

[Coco8 1,042]

You only have a month. It is enough to travel around the US. If you want to travel some more, go back to your country, and come back a few months later.

[jan22 3,056]

On 10/4/2017 at 6:15 PM, lmarie1993 said:

I should also note- I have no intention of marrying a US citizen or trying to obtain a green card. If the US made the B2 visa an easier process that is what I would do, but unfortunately everyone I know was DENIED multiple times. 

And, one of the reasons so many visas are denied is because there are so many people who feel that US immigration laws don't apply to them and they do things like purposefully overstay their permitted time in the US just because they want to.  

 

If you choose to overstay, as others have said, you will face the prospect of applying for the B2 visa the rest of your life, as the VWP will no longer be an option for you.  Your decision.

Edited October 14, 2017 by jan22