can I apply for a new visa if I stayed illegally for 8 months 2 years ago? 1 Answers as of June 09, 2011I went to the US two years ago with a j-1 visa and then I stayed for 8 months more after my visa expired. Now I want to go back to the US. Can I apply for a waiver? Or can I apply again for another visa?
Fong & Associates | William D. Fong
If you have over 180 days of unlawful presence, and left the US, you have triggered a 3 year bar. Consult with an experienced immigration attorney to determine if you have accrued unlawful presence. You may not have if your J-1 I-94 is annotated as D/S, but you will need to provide all your immigration documents for a full analysis.
Answer Applies to: Texas