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  1. #1
    Join Date
    May 2013
    Posts
    3

    Default Overstay with Voluntary Departure

    Hello,
    Im new here and i would ask you for advice, i came in usa in 2007 as j1 work&travel student, went back after my visa expired.. came back 2008 same j1 work&travelwent back same as my visa expired, 2010 an B1B2 visa was issued to me but i didnt used, 2011 I applied for J1 internship and god accepted, went in USA May 2011, my visa was for 1year... before expiration i applyed for one extension and got 6 months extension, 2 months after expiration of the extension got caught by ICE on my way to leave the country, spend 1 week as Detainee and got VD (voluntary deportation). what are my chances of coming back to the country, what is more wise, to try for tourist visa or should i pursuit another J1 internship visa, currently im 5 months in my country, working for a big company as manager but im unhappy.

    any legal advice will be helpful guys.


    Thanks

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Overstay with Voluntary Departure

    The basis of these visas, is a basic intent to not immigrate. You clearly appear to be finding a way. I would not expect another approval.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overstay with Voluntary Departure

    With that history I expect you will face skepticism upon any future entry that you in fact intend to return to your nation of origin as promised. The issue would seem to be less, "Should I apply for a B1/B2 visa or a J1 visa" and more, "How will I reassure the State Department and USCIS that I have very strong ties to my nation of origin and won't stay even one second longer than I'm authorized to remain in the United States?"

    From what you write, it sounds like you're hoping to immigrate to the U.S. - which is the opposite of what you want the U.S. government and immigration officer at the port of entry to infer.

  4. #4
    Join Date
    May 2013
    Posts
    3

    Default Re: Overstay with Voluntary Departure

    Quote Quoting Mr. Knowitall
    View Post
    With that history I expect you will face skepticism upon any future entry that you in fact intend to return to your nation of origin as promised. The issue would seem to be less, "Should I apply for a B1/B2 visa or a J1 visa" and more, "How will I reassure the State Department and USCIS that I have very strong ties to my nation of origin and won't stay even one second longer than I'm authorized to remain in the United States?"

    From what you write, it sounds like you're hoping to immigrate to the U.S. - which is the opposite of what you want the U.S. government and immigration officer at the port of entry to infer.
    so mr.knowitall what should i do? that is true that i would like to immigrate to the us, but i have to assure the uscies that i will return to my homeland, i would like to go so i can fix my status ones for all, i cant do this all of my life..

    thanks for understanding

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overstay with Voluntary Departure

    If you want to immigrate to the U.S., look at immigrant visas or dual intent (e.g., H1B) visas.

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