I Overstayed my J-1 Visa. Can I return to the US?

What to do if you overstay your J-1 Visa?

I overstayed my J1 visa (for 14 months) and was granted a voluntary departure in 2001. By that time I was a Chilean citizen. Now I am a Canadian citizen and have a good job in Toronto. I would like to go to the States for vacation sometime. However I am not sure if I have to apply for a waiver of inadmissibility. And if I have to do so, I would like to know what my chances are to be admitted? Is it better if I wait one more year?

I have no criminal records at all in any of the countries.

Thank you.

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An overstay of 14 months would trigger a 10 year bar which would require you to apply for a US Waiver of Inadmissibility. The longer you wait to apply, the better. You should also be aware that as a former J-1 Visa holder, you may be subject to a 2 year residency requirement which means that you would have to reside in your country of citizenship for 2 years before entering the US. This is therefore a potentially complicated situation. You should seek legal advice.

Have a question about visa overstays of the J-1 visa? Contact Niren and Associates Immigration Law Firm today.

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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