Immigration Issues/Visa Wavier program
Hi. my name is Robert. I have been in america twice now, both times for a summer camp - On j1. last year I extended and changed my status to a visitors visa for pleasure for 1 year. however i had a family emergency when i got home which i had to leave the country before it was even approved (but it was). this time i filed for a change of status and got denied. I didnt supply my return airfaires etc... I didnt think i had to be so specific (which is pretty stupid) but because of the year before i thought i wouldnt have a problem. I have 30 days to leave the country (which i have every intention of doing) however I'm staying with a boy from summer camp and his single mum who has major behavioural issues and shes a doctor and im helping her out and also enjoying san francisco. What I was thinking of doing, was to leave to go to canada and try re-entering on the visa waiver program. This is the first time I would have done this. I just want to know how this will look. I have now printed out my plane fair tickets as well as bank accounts to show how i will be supporting myself... can you tell me about this method which im choosing on doing. Apparently i heard that i cannot appeal the i539 however i can submit a motion which is a letter however i've only got 3 weeks left and im scared it wont be answered by then, so i think the best chance would be to get out. Also, does that mean i've overstayed my I94 even though i was allowed to enter and stay in the country during that time it was being authorised as long as i leave within the 30 days that should be fine. Even though my i94 expired 1 month ago...
A response would be greatly appreciated.
There is a 30-day grace period in J-1 visa status, so it is OK if you remain for 30 days after your program ends.
If you go to Canada and try to enter on the visa waiver program, please understand that the entry will be valid for only 90 days, and extension or change of status within the U.S. is not allowed once an entry is made on the visa waiver program.
Moreover, there is no guarantee that entry on the visa waiver program will be allowed as it is still discretionary upon the inspecting officer. If the officer believes that you are entering only to be a visitor and not for employment or training, that will increase the likelihood of being granted entry under the visa waiver program.
Ajay K. Arora, Esq.