J1 Overstay

[Aowek]

Hi to all of you that i might meet here

I overstayed my j1 visa for almost 2 years i want to leave the Usa voluntary.Will i receive the 10 year ban and will that ban affect my other visa application,australia,japan,england.
Is there any way to get back after the 10 year ban is over i did not do any criminal activity or anything simillar i made the wrong choise to stay as a illegal instead of doing it the right way

[newacct]

Most likely you have not accrued any "unlawful presence" because J1s are generally admitted for "D/S" on their I-94s, not a date, and so you can't stay past the date on your I-94. No "unlawful presence" means you trigger no ban when you leave the US. But having no ban doesn't mean you will be able to enter the US. Lots of foreigners with no bans get denied visas or denied entry. Your past overstay will be a big negative factor in any visa or entry decision.

[Aowek]

Most likely you have not accrued any "unlawful presence" because J1s are generally admitted for "D/S" on their I-94s, not a date, and so you can't stay past the date on your I-94. No "unlawful presence" means you trigger no ban when you leave the US. But having no ban doesn't mean you will be able to enter the US. Lots of foreigners with no bans get denied visas or denied entry. Your past overstay will be a big negative factor in any visa or entry decision.

I still havent left the us actually but i am gonna leave in january but how other countries will know of my overstay if i dont get the 10 year ban ?

[inadmissible]

Since you won't trigger any inadmissibilities when you depart the United States, you can return on non-immigrant visas that don't require overcoming the presumption of immigrant intent, ie H and L work visas

Most countries request your travel and residence history when you apply for a visa, they may have questions if the length of stay appears excessive. I know Japan's immigration laws explicitly prohibit foreigners from using the Visa Waiver mechanism if they have ever violated the immigration laws of any country, but in my experience they don't take it seriously

[Aowek]

Since you won't trigger any inadmissibilities when you depart the United States, you can return on non-immigrant visas that don't require overcoming the presumption of immigrant intent, ie H and L work visas

Most countries request your travel and residence history when you apply for a visa, they may have questions if the length of stay appears excessive. I know Japan's immigration laws explicitly prohibit foreigners from using the Visa Waiver mechanism if they have ever violated the immigration laws of any country, but in my experience they don't take it seriously

Are you sure that i wont get the 10 year ban when i leave ?

[newacct]

Are you sure that i wont get the 10 year ban when i leave ?

Can you tell us whether you were admitted until a specific date, or "D/S", on your I-94?

[Aowek]

Can you tell us whether you were admitted until a specific date, or "D/S", on your I-94?

On the i94 it says admit until date /ds
and the date on the ds is
Form covers period
5-17-2016
to 9-17-16

[Aowek]

Can you tell us whether you were admitted until a specific date, or "D/S", on your I-94?

Also is there any way i can leave without getting the ban for example what if i apply for asylum and leave the country ?

[newacct]

On the i94 it says admit until date /ds
and the date on the ds is
Form covers period
5-17-2016
to 9-17-16

I think you are referring to your DS-2019 form for J-1 but that has nothing to do with the "D/S" on your I-94, which means "duration of status" which is what F and J status people are usually admitted until. It means you do not automatically start to accrue "unlawful presence" since you did not stay past the date on your I-94 (since there was no date on your I-94).

Also is there any way i can leave without getting the ban for example what if i apply for asylum and leave the country ?

Since you have not accrued any "unlawful presence", you will not trigger a ban when you leave the US.

[Aowek]

I think you are referring to your DS-2019 form for J-1 but that has nothing to do with the "D/S" on your I-94, which means "duration of status" which is what F and J status people are usually admitted until. It means you do not automatically start to accrue "unlawful presence" since you did not stay past the date on your I-94 (since there was no date on your I-94).


Since you have not accrued any "unlawful presence", you will not trigger a ban when you leave the US.

Will a picture of the ds and the i94 help you out ?

[newacct]

Will a picture of the ds and the i94 help you out ?

No. As long as it says "D/S" on your I-94, that's all we need to know.

[Aowek]

Hi to all of you that i might meet here

I overstayed my j1 visa for almost 2 years i want to leave the Usa voluntary.Will i receive the 10 year ban and will that ban affect my other visa application,australia,japan,england.
Is there any way to get back after the 10 year ban is over i did not do any criminal activity or anything simillar i made the wrong choise to stay as a illegal instead of doing it the right way

I think you are not right about the ban,my friend left in the same situation and from the immigration they told him you will never be able to come back to usa anymore idk why they told him that

[newacct]

I think you are not right about the ban,my friend left in the same situation and from the immigration they told him you will never be able to come back to usa anymore idk why they told him that

They like to scare people. In any case, entry as a nonimmigrant is always subject to the officer's discretion even if you don't have a ban. For entry as an immigrant however, you generally won't be denied entry unless you have a ban.

[Aowek]

They like to scare people. In any case, entry as a nonimmigrant is always subject to the officer's discretion even if you don't have a ban. For entry as an immigrant however, you generally won't be denied entry unless you have a ban.

I hope you re right sir about this.Its kinda messed up with the immi law in usa

[inadmissible]

I hope you re right sir about this.Its kinda messed up with the immi law in usa

You're always welcome to learn the law yourself, so you don't have suffer from the misinformation fed to you