Seek out an immigration lawyer immediately and get a proper consultation. If you are unlawfully present, you need to leave as soon as possible. Otherwise, you may be barred from re-entering the U.S. for 3 years or worse yet, 10 years. Every day counts. Find an attorney right now. If you want to discuss the matter, my number is (201)875-2600.
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state, whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
I'm afraid your out of status and depending on how long its probably best to depart immediately BUT before you do that do consult with a competent immigration counsel. If your out of status due to a violation of your current non-immigrant J-1 visa but its a technical violation, neglect, and would cause you hardship etc you "may" be able to get reinstated by USCIS but it depends on many case specific factors and time frames, i.e. less then 120 days or between 120-270. You can consult with us or other competent immigration counsel about the case specific situation you are in and determine whether immediate departure or reinstatement should be chose by you.
I agree with Atty Calehr.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.