How long will it take me to get back to the US after overstaying a J1 visa? 2 Answers as of February 22, 2011I went to USA with j1. I overstayed for long time and I came back to my country. I got married 3 months ago and my husband will get his citizenship in April. I know we need a serious help. He will apply for a green card for me. I want to know how long will I have to wait to get in USA? I have been talking with the lawyers but everybody telling me different waiting time. Please help me, we really need help. Thank you.
Law Office of Immigration & International Trade Law | Linda Liang
Several factors affect your waiting time: 1) What service center you file through 2) What form you file through; 3) the quality of your filing package. You can find processing time on www.uscis.gov, after choosing package. However, if your filing package is not convincing, denial means infinite wait time. Yes, you need a good lawyer to help you. You are welcome to contact us for assistance. Good luck!
Answer Applies to: Florida
Nicastro Piscopo, APLC | Louis M. Piscopo
First, if you were a J1 subject to the 2 year foreign residency requirement, you must return and remain in your home country for 2 years. Second, if you were unlawfully present in the US for more than 1 year, then you are inadmissible (barred from returning) for 10 years. The 10 years starts the run once you leave the US. If you are married to a U.S. citizen you can apply for a waiver of the 10 year bar, but only after your immigrant visa is denied.
Answer Applies to: California