Overstayed J1 visa with D/S on I94 and married USC. Will this hurt my chances of getting a green card later (a few years)?

Asked over 1 year ago - Boston, MA

I came here on a J1 with no 2-year requirement in 2011, and I quit my job this year. My DS-2019 stated my program ended August 31, 2012. My I-94 says D/S, which from what I've read, does not mean I'm accruing unlawful presence and is a good thing. However, I am overstaying. I married my wife in August this year, and we are applying for a visa to go back to my home country (pending). However, does this overstaying hurt my chances of getting a green card in the future if we decide we want to live in America permanently? Also, what kind of things would alert USCIS/DHS to my being out of status and get an IJ involved? Thanks for your help.

Attorney answers (4)

  1. Kira Gagarin

    Contributor Level 15

    5

    Lawyers agree

    Answered . You are on the right track regarding Duration of Status and unlawful presence. Nonetheless, the best thing to do would be to adjust your status BEFORE leaving the United States as this would minimize potential headache in the future. Think about making a consultation with myself or one of my colleagues to discuss all of your options. Good Luck!

    www.gagarinlaw.com
    Boston Consultation / Framingham Consultations
    508 455 4241

  2. Ilir Kavaja

    Contributor Level 14

    2

    Lawyers agree

    Answered . Yes, overstaying your visa will inevitably make you removable (in theory). Since you are married to a USC you should contact a lawyer and commence the application to become a permanent resident in the US.
    Also, why are you leaving the US? Can this wait? Again, consult with an immigration attorney to go over specific details of your case and get customized advice.

    Let me know if I can help.

    Hope this helps and good luck,

    Law Office of Ilir Kavaja
    30 Newbury Street
    Boston, MA 02116

    617-515-5545
    www.KavajaLaw.com

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created... more
  3. Ismail Mohammed

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Attorney Gagarin has provided you a great answer. You do not want to leave before being married and have problems trying to get back here. Although the process of obtaining a green card may be long and you will have to delay whatever affairs you may have abroad, it my be in your best interest to delay your departure. You should consult with an attorney.

  4. Samuel Patrick Ouya Maina

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I agree with my colleagues - leaving the US AFTER you have become a Permanent resident will make your return here infinitely easier. You should consult with an attorney before leaving.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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