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RE: Confused about re-entry

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  • RE: Confused about re-entry

    Hi, I was in the US on a one year J-1 visa and overstayed for several months due to a relationship with a US citizen. I left the US more than a year ago and returned to my home country and now want to go back and visit my friends under the VWP for a few weeks. All the info I am reading says that if your I-94 was stamped with D/S (duration of status) you are not considered an overstayer. My question now is will I encounter any problems on re-entry to the U.S. as a tourist? Also, is there any advantage to traveling on a second passport if I am a dual citizen of another country? Thanks.

  • #2
    Hi, I was in the US on a one year J-1 visa and overstayed for several months due to a relationship with a US citizen. I left the US more than a year ago and returned to my home country and now want to go back and visit my friends under the VWP for a few weeks. All the info I am reading says that if your I-94 was stamped with D/S (duration of status) you are not considered an overstayer. My question now is will I encounter any problems on re-entry to the U.S. as a tourist? Also, is there any advantage to traveling on a second passport if I am a dual citizen of another country? Thanks.

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    • #3
      If you did not comply with all of the requirements of your J visa (including departure at the end of your program), you are a visa violator. If you are a violator, you are ineligible to use the visa waiver program... forever!

      D/S does not fall under the 3/10 year bar unless status was terminated by a DHS officer or an IJ. You can go to the US Embassy and apply for a B1/B2 nonimmigrant visa. The Consul will review your case, and deem whether you merit a return to the US.

      Non-US citizens with multiple nationalities may use any passport they legally posse to apply for admission to the US. But in your specific case, there would be a little problem with fraud and misrepresentation if you did so.

      If you are still in that relationship, try the fiancée route.

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      • #4
        So, if someone had D/S on I-94, was an overstay and worked, but is now out of the country, they should not have difficulty with either of the k visas? What about an H1b?

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        • #5
          Thanks Old Man,
          The next question I have to ask is this. I actually left the U.S. before my J-1 visa expired, went to Canada (with proof of entry stamp in my passport) but when I returned to the U.S. I was not inspected as we were waived through in our car at the border. I was nervous about this but didn't really think anything of it. Do I have an argument that I did, in fact, leave the U.S. at the required time? And also, how does the officer at the POE know that a violation has occured if I can show proof of exiting the U.S.?

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