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  1. #1
    Join Date
    May 2009
    Posts
    4

    Unhappy J-1 Visa and Bar After Overstay

    My name is Carla and I went to US with a J-1 VISA on 12/20/2006. My I-94 was marked with D/S. My DOS-2019 had a date of end wich was 04/20/2007. I married my husband on 06/11/2007. I left US on 05/12/2008. I have been in Brazil a year already.
    I have spoken to some lawyers and some say that I have a three years bar because I overstayed more than 6 months but less than a year. Others say that I didnt trigg any bar because J-1 visas with D-S do not trigg bar unless the immigration determininates.
    So, I am very confused. My husband and I want to fix things so I can finally return to him and his family but we still dont know what to do, if we are going to face a bar and need a waiver after the petition for alien relative ends (I-130).
    Best Regards

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: J-1 Visa and Bar After Overstay

    When your I-94 is marked "Duration of Status" or "D/S", your permission to stay expires thirty days after the date shown in item #3 of your Form DS-2019, "Certificate of Eligibility for Exchange Visitor (J-1) Status." If that was 4/20/2007, then (all else being equal) your I-94 expired on May 20, 2007 and your overstay is just barely short of a year. I would thus expect you to be subject to a three year bar.

  3. #3
    Join Date
    May 2009
    Posts
    4

    Default Re: J-1 Visa and Bar After Overstay

    Thanks for your answer you. However, I was told there is an exception in my case because the way law was written. This is what I found in the DOS cable of 2001 :

    -----AND Section (3)(C) stated that "Duration of Status Cases: An alien admitted for "duration of status" (such as a student or exchange visitor) will only begin to accrue unlawful presence if either: a) An Immigration Judge (IJ) finds the alien has violated status and is excludable/deportable/removable; or, b) The INS, in the course of adjudicating an application for a benefit (e.g., extension of stay or change of status), determines that a status violation has occurred."
    Some lawyers have told this is still applies for J-1 holders and that I should take the DOS cable with me with the right section marked to show/educate the consular office due to the their discretion.
    But I am still in doubt...

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: J-1 Visa and Bar After Overstay

    I saw your other thread before I saw this "update". I think I've addressed this over there.

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