how to stay in america after j1 visa

One way that the USCIS encourages J-1 holders to make their stay temporary is through the home residency requirement. This requirement states that most J-1 visa holders must return to their home countries for at least 2 years after their J-1 visa validity period is expired.

Full Answer

Can I leave a J-1 visa program early?

Otherwise (if you leave the program early), you have to leave immediately. Note that the question is asking about a visa that expires "during the program" -- because J-1 status is dependent on your remaining in the program. If the visa expires after the end of the program, the answer to the question is different.

How long can I stay in Canada on a J1 visa?

You need to leave very promptly after the end of your program which entitles you to a J1 visa (I believe 7 days). The easiest way to “stay” longer would indeed be to fly to Canada (or Ireland or the Dominican Republic or somewhere else cheap to fly to), go on a quick vacation, apply for ESTA, and then return on ESTA. That gives you another 90 days.

How long do you remain in J1 status after completing J1 program?

If you successfully complete your J1 program, you remain in J1 status for 30 days after the completion date of that pr What happens to a lawyer’s reputation right out of law school who loses too many cases? Does he have to change careers because nobody wants to hire him any longer and he can't get a job at a decent firm?

What happens if I overstay my F-1 or J-1 visa?

If you have overstayed the time permitted on your F-1 or J-1 student visa, your options for staying in the United States will depend on whether you are still in the country and whether you have accrued what is known as "unlawful presence."

How can I stay in USA after J-1 visa?

Applying for a Waiver The U.S. Department of State has a J Visa Waiver Online Service where visitors can fill out the J Visa Waiver Recommendation Application or form DS-3035. This will provide visitors with DS-3035s that they can print. They will find a unique barcode and a case number printed on these documents.

Can I stay in the US after my J-1 visa expires?

Remember: Though you are allowed to travel in the USA during the Grace Period, you may NOT exit and return to the USA during the Grace Period, because your J-1 visa expires on the program “end date” on your DS-2019 form – and you will not be allowed back in to the USA with an expired visa (to finish traveling or to ...

Can I apply for green card with J-1 visa?

J-1 Waiver to Green Card Process. Technically, J-1 visa holders are not eligible for the U.S. green card. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended.

What happens when J-1 visa expires?

If your J1 visa has expired, you will be required to return to your home country for at least two years before being allowed to apply for any additional visas. This is not always possible and can sometimes simply be impractical. If this is the case, you can apply for a J1 visa waiver which will waive this requirement.

Can I convert J-1 visa to H1B?

To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.

Can I convert my J-1 visa to F-1?

Applications to change to F-1/J-1 status may be submitted to the USCIS up to six months in advance of the start date on Form I-20/DS-2019, but may not be approved by the USCIS until 120 days or less before the start date.

Can I marry a U.S. citizen on a J-1 visa?

Getting married on a J-1 Visa is not impossible, you just need to have your J-1 waiver ahead of time before the process can start. After you have received approval for your waiver, your marriage-based green card application can begin.

Can J-1 visa bring family?

If a J-1 exchange visitor has a spouse and/or unmarried children under 21, those family members are eligible to come to the U.S. as J-2 dependents. Each J-2 dependent must have a Form DS-2019. ISO issues DS-2019s for all dependents listed on the initial J Visa Request form.

What is the 2 year rule for J-1?

Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).

Can you overstay J-1 visa?

Staying in the U.S. beyond your allowable grace period is also a violation of J-1 regulations. If your SEVIS (or DS-2019) is terminated OR you overstay your grace period, you could be accruing unlawful presence. This can lead to arrest and deportation proceedings.

Can I go to Canada with US J-1 visa?

Automatic Revalidation: Most J-1 and J-2 visa holders can travel to Canada, Mexico and the Caribbean Islands (except Cuba) for up to 30 days and return to the United States with an expired J visa, but there are several important factors to consider.

How long does it take to renew a J-1 visa?

J-1 visas may not be renewed inside the United States. Exchange visitors should generally allow 2-8 weeks for processing. Students on post-completion AT should be aware that it can be difficult to renew a J-1 visa during AT.

Can I come back to the US if I overstayed?

Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.

How to stay longer in Canada?

The easiest way to “stay” longer would indeed be to fly to Canada (or Ireland or the Dominican Republic or somewhere else cheap to fly to), go on a quick vacation, apply for ESTA, and then return on ESTA. That gives you another 90 days. Why do I say fly - well, the land border is much more likely to send you back to Canada if they find that your J1 Visa just expired and they suspect you will overstay or work on your ESTA as you technically never left Canada. It is much more of a has

How long can I stay in the US with a J1 visa?

If you successfully complete your J1 program, you remain in J1 status for 30 days (the grace period) after the completion of the program.

How to determine the length of stay for a J1 visa?

The applicant’s length of stay for the program can be determined by the IAP-66 or Certificate of Eligibility. The maximum time of stay cannot go beyond the total amount indicated by the program. The program and program sponsor must consent to the J1 visa extension.

What is direct relative sponsoring?

direct relative sponsoring you: you are the parent, child, sibling of a US citizen. Your visa type does not matter.

Can I file an I-539 for B2 visa?

If you have completed your J1 program, you are not transferring to another J1 program, you wish to stay in the US longer than the grace period without leaving the US, and your J1 doesn’t have the 2-year home residency requirement, you can file I-539 for Change of Status to B2 visitor status in the US. Whether you have a B2 visa is irrelevant to this, as visas are only for entry, and you are not entering. Your valid B2 visa is only helpful if you first leave the US, and then use the visa to re-enter.

Does visa type matter in lottery?

Win the Lottery: your visa type does not matter.

Does visa type matter when marrying a US citizen?

marriage: you are marrying a US Citizen or a Green Card holder. Your visa type does not matter.

Alexander M. Ivakhnenko

A classic approach to your dilemma would be hiring a competent immigration attorney to review your particulars and suggest a legally optimal venue to pursue.

F. J. Capriotti III

As you stated ... thousands of foreign students get this visa every year ... many wish to stay and ... as you will learn, most don't find ways to get work permits in the US ... unless they go to a US University and get an advanced degree.

Carl Michael Shusterman

There are many different types of temporary visa categories. See which ones you may qualify for.

How long do you have to leave the country after your visa expires?

According to the Common Questions you have 30 days to leave the country after your program is over. However, this implies that you may not work unless you have obtained an extension to your program. The answer that you quote seems to mean that if your visa expires but the original program is still continuing, then you can stay. Otherwise you have to leave within 30 days.

How long do you have to leave the J-1 visa?

If you "complete" your program successfully, you get a 30-day grace period before you have to leave. Otherwise (if you leave the program early), you have to leave immediately. Note that the question is asking about a visa that expires "during the program" -- because J-1 status is dependent on your remaining in the program.

How to stay in the US after a program?

Your real question, though, is how to stay in the US working after your program finishes, so you need to find a nonimmigrant status that will allow you to do that. You also need to find an employer willing to sponsor you. This can be difficult, depending on your qualifications.

How long do you have to leave the country after a program is over?

3. According to the Common Questions you have 30 days to leave the country after your program is over. However, this implies that you may not work unless you have obtained an extension to your program.

What is the meaning of "back up"?

Making statements based on opinion; back them up with references or personal experience.

Can a J status change to another status?

Some J-status nonimmigrants may be eligible to change into another nonimmigrant status without leaving the US. For more information, see https://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status.

What happens if you overstay and leave the US?

If you have already left the United States,your previous overstay will not necessarily prevent you from returning unless you did accrued 180 days or more of unlawful presence before leaving and are therefore barred from reentry.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What to do if you overstayed a student visa?

If you have overstayed a student or other nonimmigrant visa, you should consult with an immigration attorney about your rights and responsibilities. The immigration attorney can also determine if you have any options after accruing unlawful presence.

How long can you stay in the US after being questioned?

If you accrued fewer than 180 days of unlawful presence, you can still apply to return to the United States if you otherwise qualify for another nonimmigrant or immigrant status. Be prepared to explain why you overstayed in case you are questioned about it at the consulate or port of entry.

What does D/S mean on I-94?

So, instead of a date on your I-94 card, you will have the annotation "D/S," which means "duration of status.".

When does an overstay start?

In most cases, an overstay begins when you are still in the United States after your studies or training period are over, your grace period has ended, and you have taken no action to apply for a change of status.

When does unlawful presence begin?

Like an overstay, unlawful presence generally begins after a person's period of authorized stay expires. For most nonimmigrants, this concept is straightforward. For example, if a B-1 visitor's stay ends on July 1, 2019, that person will begin to accrue unlawful presence on July 2, 2019. For F-1 and J-1 students admitted for D/S, however, ...

How long do you have to stay in the US to get a J-1 visa?

This requirement states that most J-1 visa holders must return to their home countries for at least 2 years after their J-1 visa validity period is expired. You must be physically present in the country for a total of two years before being able to apply or petition for any immigrant or nonimmigrant status in the U.S.

What is the purpose of a J-1 visa?

The purpose of a J-1 visa is a cultural exchange program . In other words, after your time in the United States, you are expected to return to your home country and either share or utilize the skills learned. If one does not return to their home country then in theory, this “cultural exchange” cannot take place.

How much does it cost to file an I-130?

When your U.S. citizen sponsor spouse files the I-130 petition, there is a $535 filing fee. Additionally there is a fee schedule that goes along with the I-485 as well that varies based on your age. You can see the entire schedule in the “Filing Fee” section of the USCIS page, but overall, it ranges from $750 to $1,225. This also includes having your biometrics (fingerprints) taken for $85. If you are going through consular processing, then you will need to file a DS-260 and pay the $325 filing fee along with a $120 affidavit of support fee to demonstrate that you will not need to rely on the U.S. government for financial support once in the country.

What happens if my spouse doesn't file for my green card?

With this waiver, you may still be able to remove the conditions on your green card.

How long does a green card last?

If your marriage is less than 2 years old, then you will be issued a conditional green card, which will expire in two years. At that time, you and your spouse will need to return and file to remove the conditions for you to obtain a full-fledged green card, which is valid for ten years at a time. If your spouse is not able to file (if you have ...

How much does it cost to get a marriage visa?

The first fee is for your J-1 visa waiver. There is a non-refundable fee for the DS-3035 of $120 that must be paid, since you will have to obtain a waiver before pursuing your green card.

How to know if you are subject to a visa?

One of the ways to know for sure if you are subject to this requirement is to double check your Certificate of Eligibility ( Form DS-2019 ). There is a specific space that indicates whether you are subject to this requirement but you should also refer to the visa that was given by the U.S. consulate.