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  1. #1
    Join Date
    May 2009
    Posts
    4

    Unhappy J-Visa and 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. They say there is a difference between OVERSTAY and UNLAWFUL PRESENCE. So, even though that I overstayed my visa, after my DS-2019 expired, I didnt accru unlawful presence and the law is based on this. 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.
    Best Regards

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

    Default Re: J-Visa and Overstay

    I suspect that the reason your getting two answers is that, in a sense, both answers are correct. Your overstay would have triggered a period of ineligibility, but because of the D/S designation that isn't automatically triggered; before you fall under a period of ineligibility it takes a decision by an immigration or consular official or an immigration judge that you have overstayed. That could happen, but you could also be lucky. There's no way for me to know in advance, though, how things will proceed for you.

  3. #3
    Join Date
    May 2009
    Posts
    4

    Smile Re: J-Visa and Overstay

    So, do you think I should play with luck in a way...just have my husband applying in NY for the I-130 petition and then wait for their response...

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