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

