FlyerTalk Forums - View Single Post - Visa issues! help!
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Old Jan 21, 2009 | 5:23 pm
  #10  
Landing Gear
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Originally Posted by emcorbs
im sick of not being able to talk to a real person when trying to contact the US embassy, so im going to see if anyone knows the answer to my question here. Im in DESPERATE need for an answer.

Im an Australian citizen, ive been studying in the U.S on the J1 student visa. This visa allows me to stay 30 days after my visa expires. My visa expired on dec 31st 2008. I am currently travelling around the states legally with the 30 day allowance period.
I wish to travel to London during this time, And i would be returning before this 30 day period is up.
My question is, will i be allowed to re enter the U.S. As an Australian citizen i am apart of the visa waiver program, which allows me to stay in the staes for a three month period without applying for a visa.
I have been told i wont be able to re enter the states without a visa, does this visa waiver thing count as one? I will be leaving the states to return to australia within this 30 day period also. because Im on a student visa, does this prevent me for leaving or re entering the u.s?
HELP!
Welcome to Flyertalk. Unfortunately, this is NOT the place for you to solve your problem because you need to see an immigration lawyer.

The upside of this proposition is that immigration lawyers tend to be a very generous group and often charge very little for a consultation. If you do not know of an immigration lawyer, one way of finding one is through the American Immigration Lawyers Association. Be mindful of the words of a former Attorney General of the United States who said, "There is no such thing as an 'immigration advisor.' The only person legally allowed to advise people about immigration law is an attorney."

(Yes, I am a lawyer but immigration is not in my practice so I have no financial stake in this.)

It is imperative for you to get this right. If you make a mistake you risk an immigration officer denying you re-entry to the United States, and worse yet, barring you from coming back for a period of years.

Do you want to risk this on anonymous advice on an internet bulletin board?

Incidentally, you might wish to get your facts absolutely clear. J-1 is not the student visa category which is F-1. J-1 is the internship and training visa category.
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