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  1. #1
    Join Date
    Jan 2008
    Posts
    5

    Lightbulb Overstay On J1

    Need advice/help on what can be done....

    Overstayed on the J1 visa with no 2-year residency bounding the visa. Been trying to enroll in a school to get the J1 changed & extended to an F1visa, to no avail, until it expired. Have overstayed for 5months and wondering what best decision to take right now.

    1) Is it possible by any chance to get admission & obtain an I-20 from any University here and then apply for an F1visa here in the US despite the expired visa? Or does the visa application need to take place from country of origin? If yes, then on what grounds/conditions will I be granted an F1visa to come back and study here?

    2) Despite the F1visa, and apart from marriage is there any alternative visa that I can apply for? If yes, which and what are the necessary conditions/requirements for it?

    3) What penenalties are involved with this 5months overstay and can they by any chance be waived with a fine or anything of that sort?



    I need advice on what is best I should do... I will appretiate your assistance... Thanks...

  2. #2
    Join Date
    May 2007
    Location
    Michigan
    Posts
    19

    Default Re: Overstay On J1

    Quote Quoting Aaddy
    View Post
    Need advice/help on what can be done....

    Overstayed on the J1 visa with no 2-year residency bounding the visa. Been trying to enroll in a school to get the J1 changed & extended to an F1visa, to no avail, until it expired. Have overstayed for 5months and wondering what best decision to take right now.

    1) Is it possible by any chance to get admission & obtain an I-20 from any University here and then apply for an F1visa here in the US despite the expired visa? Or does the visa application need to take place from country of origin? If yes, then on what grounds/conditions will I be granted an F1visa to come back and study here?


    2) Despite the F1visa, and apart from marriage is there any alternative visa that I can apply for? If yes, which and what are the necessary conditions/requirements for it?

    3) What penenalties are involved with this 5months overstay and can they by any chance be waived with a fine or anything of that sort?




    I need advice on what is best I should do... I will appretiate your assistance... Thanks...
    1) If you are appling in US, it will be Change of Status. So you will file the form I-539 Application to Extend/Change of Nonimmigrant Status, with I-20. When you go outside of US and for the re-entry, you need to get F-1 Visa stampled on your passport US Counsulate outside of US. Either cases, you need to prove that you have enough money to pay for the tuition and living expenses for the entire duration of schooling. Also you have to show the strong tie to with your home country showing hat you will go back upon the completion of your study.

    2) If you are not sure, it would be better to go back to your country and not continuing your out of status even a day longer. But consult with good immigration attorney. They may have more options for you.

    3) Due to your overstay of privious visa, currently you are out of status. It could result the denial of any visas to US. And also you could be banned from applying any visas for certain period of time. Consult with good immigration attorney. Good luck!

  3. #3
    Join Date
    Jan 2008
    Posts
    5

    Default Re: Overstay On J1

    Thank you so much Piano... I appretiate your advice...

    I will consult an immigration lawyer ASAP. But is there any guarantee at all that if i get an I-20 from a university here, I could apply for the F1 visa here in the States and be granted?

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