How Long Can I Stay After My J-1 Visa Expires?
There are several ways that you can stay in the United States after your J-1 visa expires. Each program has its own set of rules and requirements, so it is important to understand them.
For example, some programs have a two-year home residency requirement that mandates that you return to your home country for a minimum of two years after your program ends. This law can hinder your ability to reenter the U.S. or pursue a green card later on.
Extensions
If your J-1 visa expires, you will have to apply for a new visa in order to remain in the United States. Normally, this can take a few months, so you will want to get on top of it as soon as possible.
You should first contact your J-1 Responsible Officer or Alternate Responsible Officer to see if you can extend your program. They will need to verify that you are eligible for an extension before issuing a Form DS-2019.
Most J-1 participants have the ability to stay in the United States for 12-18 months before their visas expire. However, there may be times when it is necessary to stay longer than this. This can happen for a variety of reasons, such as being transferred to another position or terminated from your original job.
It is best to request an extension of your program at least two months before the expiration date printed on your DS-2019. This is because you need to provide your sponsor with all the documentation necessary to prove that you are able to afford to study for an extended period of time in the U.S.
For a J-1 research scholar or professor, you may be able to request a six-month extension from your program sponsor without the need for the Department of State to approve it. The extra time will need to be necessary to finish a research project or complete an academic course of study.
If you need more than six months, you will need to submit a second application for an extension with your program sponsor and the Department of State. The second application will need to include documentation that shows the circumstances behind your request. This can include a statement from your professor or research mentor about the need for the extension.
The application process can be lengthy, and there is often a fee involved. This fee will not be refunded if you are denied the extension.
Alternatively, your program sponsor may be willing to pay the fees to have your visa approved. This can save you a lot of hassle and stress in the future.
Waivers
The J-1 visa is issued to exchange program visitors who are in the United States on a temporary basis. The visa holder must leave their home country once their study program is complete. This can be a burden for some people, and they may want to apply for a waiver so that they can remain in the United States.
There are a few different reasons why people need to extend their stay after a J-1 visa expires. One reason is if they’re preparing to travel to a foreign country that has an embassy in the U.S. Another reason is if they need to change their address or update their personal information.
You can also apply for a waiver of the two-year residence requirement. This is done by demonstrating exceptional hardship or persecution in your home country.
Once you have submitted your DS-3035, the Department of State will send you an official recommendation for or against your request. This letter will be mailed to the address that you provided on your DS-3035 form.
In addition, the Waiver Review Division will call you if they need any additional information or documentation from you that is relevant to your application for a J-1 visa waiver. Be sure to write your case number on everything you mail so that they can process it correctly with your application.
Lastly, you can also request that your home country’s embassy or other designated government ministry send a no-objection statement directly to the US Department of State. This statement needs to confirm that your home country has no objection to you not returning to the home country in order to satisfy the two-year residence requirement for J-1s.
A waiver will allow you to continue to live in the United States even if your DS-2019 is about to expire. Be prepared to explain why you need this extension and provide sufficient documentation that will bolster your claim.
For example, if you are working for the State Health Department and there is a shortage of primary care physicians in your area, you may qualify for a waiver. Other specialists in areas that have a high need for health professionals, such as those working in HPSAs or MUAs, can also qualify for this type of waiver.
Traveling to Canada or Mexico
There are exceptions to the rule that you must have a valid J-1 visa in your passport to travel abroad. Depending on your home country, you may need a tourist visa to visit Canada or Mexico, or an entry visa to travel through a particular country enroute to your home country.
You should check with the embassy or consulate in your home country about the visa you will need before traveling to another country. You can also search the Internet to find information on visa requirements for visiting certain countries.
If you are a citizen of Cuba, Iran, Iraq, Libya, North Korea, or Syria, you will not be allowed to reenter the United States from Mexico or Canada on an expired visa. Citizens of these countries will need to travel to their home country to apply for a new visa before re-entering the United States.
A valid J-1 visa in your passport will permit you to travel to Canada and Mexico, as well as certain islands adjacent to the United States. For these trips, you should have an endorsed DS-2019 signed by the responsible officer of InterExchange that indicates your program status is in good standing.
Students in J-1 or F-2 status are allowed to reenter the United States for short trips (less than 30 days) on an expired non-immigrant visa if they have received an approval notice from USCIS and the visa corresponds with their current visa status, or they have been issued automatic visa revalidation. This exception does not apply to students who have changed their nonimmigrant status while in the United States or if they are citizens of Iran, Iraq, Sudan, or Cuba.
As with all travel, you should carry both your old and new passports when re-entering the United States. You should also bring proof of insurance that will remain in effect while you are in the United States.
In addition to a valid visa, you should have a current Form I-94 and an endorsed DS-2019. This information can be found on the back of your DS-2019 or in your I-901 visa application.
Returning to the U.S.
A J-1 visa is a non-immigrant visa that allows scholars and professors from abroad to enter the United States on an exchange visitor program. These programs provide educational and cultural exchange, and are sometimes required for certain types of research or training.
There are many different kinds of J-1 visas, and each type has its own specific rules. Some types of programs may require that you return to your home country for a minimum of two years after the completion of your J-1 exchange visitor program before you can secure a new visa or immigrant (green card) status in the U.S.
Whether you are subject to this two-year home country residency requirement will be indicated on your DS-2019 form. If you are, you should speak to an immigration attorney about your options for gaining a green card after your J-1 program has completed.
The DS-2019 also lists the program end date, which is when you must depart the United States. You will not be allowed to re-enter the United States with an expired J-1 visa, so it is important that you plan your return trip carefully.
If you are a student, scholar or researcher on a J-1 visa, it is important to make sure your passport has a valid expiration date before traveling internationally. If your passport will expire before the end of your program, you should have it extended by your local embassy or consulate in your home country.
Another way to ensure that your passport remains valid is to purchase travel insurance. This coverage will protect you against unforeseen situations while traveling and in the United States.
A good travel insurance policy will include coverage for lost or stolen items, emergency medical and dental services, accidental death and dismemberment, and travel delay/cancelled flights. If you do not have this type of travel insurance, you should get it before traveling overseas.
Some sponsors of J-1 visas will charge fees that may vary based on the length and duration of the program. Check with your sponsor for more information.
A lawyer can be helpful if you have had trouble with your visa in the past, or if you are from a country that is known to be a sponsor of terrorism. A good lawyer can also help you determine if your circumstances qualify for a waiver of the two-year home country requirement or other restrictions on your ability to stay in the United States.