Am I considered an overstay since it is more than 6 months from my original I-94 expiration date? 3 Answers as of May 20, 2011

Came into the country legally on J-1 visa in June 2010, before it expired I sent an application to change my status to B-2. It was denied on may 2011. Am I considered an overstay since it is more than 6 months from my original I-94 expiration date? Or if I leave within 30 days from the date of denial notice, I did not overstay?

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Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You started to cumulate days of illegality when your request for a B-2 extension was denied. It is very important not to overstay by more than 179 days. A person with 180 to 364 days of illegality who leaves the country can not return for three years. (this is the 3-year ban). A person with one year or more of illegality who leaves the country can not return for ten years. (This is the 10 year ban). In addition, it is possible that a Notice to Appear be issued soon. A notice to appear is a document that tells you to go to the Immigration Court for removal proceedings. My advice: Best to leave the country as soon as possible if you are concerned with the 3 or 10 year ban.
Answer Applies to: California
Replied: 5/20/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Even one day past the expiration date on your I-94 equals an overstay. However your situation is unusual because most J-1 I-94 cards do not have an expiration date, instead state, 'd/s' for duration of status. So unless that J was terminated by DHS or your I-94 card has an expiration date, then you are technically in violation of your J status but still IN J status. From your fact pattern, it sounds like you are saying that you were actually given a firm expiration date on the J I-94 card. If that is true, then you are technically out of status as of the day your case was denied and you should leave the US as soon as you can. You will want to retain all documents and the envelope in which the denial came so you can show when your status in the US actually expired (instead of the J-1 date.) Watch out for the 3-10 year bar!
Answer Applies to: California
Replied: 5/20/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Go by the date of the denial of the B-2 visa in May - from that date you are deemed to have overstayed, on the provision you filed the B-2 before the j-1 expired.
Answer Applies to: Florida
Replied: 5/20/2011
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