henryh

Even if the J-1 is initially denied, you'd be eligible to apply for a 212(d)(3) waiver (Google it for more info).

Britishlady

I will go along and hope for the best.
I will plead complete ignorance which is the truth.
I have my sponsorship offer through the CIEE, a full time Job waiting for me in the UK upon completion of the traineeship, proof of funds and property ties.
In guessing if there was a big problem, I wouldn't have been allowed into the US in those other 4 occasions.

henryh

I don't think that's true. By law, you should not have been allowed into the US on those 4 occasions. That you were allowed in was a mistake, probably because the details of your earlier overstay hadn't yet reached the relevant part of CBP's computer system.

But it sounds to me like you have a good case. Good luck, and please post back with an update after your interview!

ian-mstm

You proceed from a false premise, and have therefore reached a faulty conclusion. US law places the onus on the traveller to always know the immigration rules. You used the VWP when you were not eligible.

Ian

Britishlady

Is anyone aware of anyone overstaying their tourist visa very briefly and being awarded a j1 visa? Everywhere I read if 3 year bans for overstaying by 180 days. I overstayed 45 days at the most 12, almost 13 years ago. Yes, I'm aware I did wrong and yes, I know now that it was my responsibility to know the rules of the vwp. I guess I'm trying to find a way if being positive about the situation, that maybe it might go in my favour.
I will be devastated if my j1 gets denied. I've worked very hard to get it.

Noorah101

Perhaps, but you should not compare their case to yours. First of all, you are asking about people who overstayed a tourist visa, while you were on the VWP...it's a different thing.

Correct. Since you overstayed less than 180 days, you didn't incur any ban when you left the USA. You just made yourself ineligible to use the VWP again.

I hope it goes well for you. Please keep us posted.

Rene

Britishlady

If I get refused, can I apply for a waiver of ineligibility? And is there a possibility of me getting it if I can prove my sponsorship, funds for the trip, proof of property (my home) and confirmation that my full time permanent job will be here waiting for me?
I need to go into this interview feeling somewhat positive.

Noorah101

I don't know if there is a waiver available. But yes, there is always the possibility of getting the visa.

Rene

Britishlady

I forgot to say, when I left the US After my overstay, I never handed in my I 94 card. This was in 2000. Will I be on the system at all?

Noorah101

On what system? USCIS will know you left anyway...they have access to flight records. Make sure you also have paper evidence that you left the USA when you did.

Not turning in the I-94 won't affect your overstay issues, though, you still have that problem.

Rene

Britishlady

I have proof when I started work on my return, to show I did actually leave the country.
Would they really go to that effort to look up flight records from 11 years ago for a short overstay?

scrubbedexpat099

You will show the dates in your application.

Britishlady

My application for what?

scrubbedexpat099

Visa

Britishlady

The j1 I applied for or in 2000? In 2000 I went to the airport with my ticket, filled out the green form and that was it.