Expired J1, what to do?
Mar 3rd 2013, 3:30 am
#17
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Expired J1, what to do?
What overstay? If this guy wasn't admitted D/S, I'd eat my hat. The same F-1 D/S overstay loopholes apply to J-1.
So the overstay won't lead to a bar unless he has been found to be out of status by CIS or an IJ. If he is caught in the interior, he may end up in removal proceedings and could be barred for 10 years.
The consulate isn't barred from issuing a new visa, but would likely be annoyed by the overstay and suspect immigrant intent so another J may be tough to get, but an H, L, K or CR1 wouldn't be an issue unless there were other rules broken.
There's also a question as to if he's been working while out of status and what documents he's been using to do so. Using a counterfeit Social Security Card and drivers license to complete an I-9 would be problematic for future immigration benefits...
So the overstay won't lead to a bar unless he has been found to be out of status by CIS or an IJ. If he is caught in the interior, he may end up in removal proceedings and could be barred for 10 years.
The consulate isn't barred from issuing a new visa, but would likely be annoyed by the overstay and suspect immigrant intent so another J may be tough to get, but an H, L, K or CR1 wouldn't be an issue unless there were other rules broken.
There's also a question as to if he's been working while out of status and what documents he's been using to do so. Using a counterfeit Social Security Card and drivers license to complete an I-9 would be problematic for future immigration benefits...
Last edited by crg; Mar 3rd 2013 at 3:45 am.
Mar 3rd 2013, 3:46 am
#18
Account Closed
Joined: Mar 2004
Posts: 2
Re: Expired J1, what to do?
Don't J's get SSN's?
I sort of assumed they did.
I sort of assumed they did.
Mar 3rd 2013, 11:04 pm
#20
Account Closed
Joined: Mar 2004
Posts: 2
Re: Expired J1, what to do?
I have had one of those.
Mar 5th 2013, 9:46 pm
#21
Thread Starter
Joined: Jun 2006
Location: Aspen, CO
Posts: 9,845
Re: Expired J1, what to do?
What overstay? If this guy wasn't admitted D/S, I'd eat my hat. The same F-1 D/S overstay loopholes apply to J-1.
So the overstay won't lead to a bar unless he has been found to be out of status by CIS or an IJ. If he is caught in the interior, he may end up in removal proceedings and could be barred for 10 years.
The consulate isn't barred from issuing a new visa, but would likely be annoyed by the overstay and suspect immigrant intent so another J may be tough to get, but an H, L, K or CR1 wouldn't be an issue unless there were other rules broken.
There's also a question as to if he's been working while out of status and what documents he's been using to do so. Using a counterfeit Social Security Card and drivers license to complete an I-9 would be problematic for future immigration benefits...
So the overstay won't lead to a bar unless he has been found to be out of status by CIS or an IJ. If he is caught in the interior, he may end up in removal proceedings and could be barred for 10 years.
The consulate isn't barred from issuing a new visa, but would likely be annoyed by the overstay and suspect immigrant intent so another J may be tough to get, but an H, L, K or CR1 wouldn't be an issue unless there were other rules broken.
There's also a question as to if he's been working while out of status and what documents he's been using to do so. Using a counterfeit Social Security Card and drivers license to complete an I-9 would be problematic for future immigration benefits...
I'm about to apply for citizenship in the end, it looks like it makes things much easier...
Mar 5th 2013, 10:25 pm
#25
BE Enthusiast
Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
Re: Expired J1, what to do?
Actually it will be a HUGE issue in the future if he used his existing SS number and ticked "A citizen of the United States" in section 1 on the I-9. If he ticked "An alien authorized to work" and gave a false expiration date, could still be an issue. If he ticked the latter and gave the correct expiration date, and his employer accepted it anyway (or continues to employ him after the date expired) then he should be in the clear, though the employer could get in trouble.
Mar 5th 2013, 10:42 pm
#26
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Expired J1, what to do?
Actually it will be a HUGE issue in the future if he used his existing SS number and ticked "A citizen of the United States" in section 1 on the I-9. If he ticked "An alien authorized to work" and gave a false expiration date, could still be an issue. If he ticked the latter and gave the correct expiration date, and his employer accepted it anyway (or continues to employ him after the date expired) then he should be in the clear, though the employer could get in trouble.
The issue comes with how he might have filled out an I-9 (if at all).
I agree it's more the employer that could get into trouble for hiring him.
Rene
Mar 6th 2013, 12:33 am
#27
Thread Starter
Joined: Jun 2006
Location: Aspen, CO
Posts: 9,845
Re: Expired J1, what to do?
Actually it will be a HUGE issue in the future if he used his existing SS number and ticked "A citizen of the United States" in section 1 on the I-9. If he ticked "An alien authorized to work" and gave a false expiration date, could still be an issue. If he ticked the latter and gave the correct expiration date, and his employer accepted it anyway (or continues to employ him after the date expired) then he should be in the clear, though the employer could get in trouble.
Mar 6th 2013, 1:02 am
#29
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,170
Re: Expired J1, what to do?
Actually it will be a HUGE issue in the future if he used his existing SS number and ticked "A citizen of the United States" in section 1 on the I-9. If he ticked "An alien authorized to work" and gave a false expiration date, could still be an issue. If he ticked the latter and gave the correct expiration date, and his employer accepted it anyway (or continues to employ him after the date expired) then he should be in the clear, though the employer could get in trouble.
That's if they're bothered about having it done on paper and not just cash under the table, but that's a bit harder to do in a none cash heavy job such as retail.
Mar 6th 2013, 4:35 pm
#30
Member
Joined: Apr 2001
Posts: 14,049
Re: Expired J1, what to do?
It doesn't matter when his visa expires. What's important is when his appowed period of stay in the US expires. Two different things.
Regards, JEff
Regards, JEff