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My J1 visa is expired on 08/31/2013. Do I have grace period?

Key West, FL |

I was told by the lawyers on this forum that I have a 30 days grace period after the date of my visa in passport is expired. Here is the link:
www.avvo.com/legal-answers/can-i-stay-till-the-end-of-september-with-my-j1-vi-1357114.html

A friend of mine(from Ukraine) has the same visa and the same date of visa expiration and when he called the authorities they told him that everyone has to leave according to the date of expiration and there is no grace period. Now I'm very embarrassed. Can you tell me what to do? I was going to stay for 30 more days for traveling and now I'm thinking to apply for change of status to B2 visa or just fly away at the end of August. I really need the time only only until the 27th of September...

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Attorney answers 4

Posted

You have a grace period. Do not leave the US or you probably won't get back in.

Here's a link to brief explanation: http://j1visa.state.gov/participants/current/adjustments-and-extensions/

This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just a casual opinion expressed about a hypothetical situation.

Posted

The thirty day "grace period" is said to begin once your J-1 program ends. See the USCIS website for further details.

The above statement is intended for informational purposes only and should not be construed as legal advice. No attorney-client relationship exists between persons viewing this statement and the attorney making the statement. If you have legal questions, you are encouraged to consult an attorney.

Posted

I don't know which authorities he called, but you do get the 30-day grace period from the end date of your exchange program. If you are subject to the two-year foreign residency requirement, you cannot even change your status unless you take care of that requirement first, so it's out of the question.

Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.

Posted

Yes, with J-1 you get 30-day grace period.

Viera Buzgova (512) 476-7163. The information above is general in nature and does not constitute legal advice. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. You should retain an attorney to review all the facts specific to your case in order to receive advice specific to your case.

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