Visa issues! help!
 

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!

The Program Designation Branch in the Bureau of Education, Cultural Exchanges and Academic Programs (ECA) handles J1 visa extension, category changes, and other issues. They can be reached at 202-401-9810.

I doubt that you would be able to re-enter. I had a similar situation a few years ago when I was still H1, before I got my green card. With H1, you can get extensions after the original H1 visa has expired that allow you to stay in the US. However, when I wanted to do a business trip, I had to apply for a new visa at a US embassy outside the USA before I could return.

Your situation is a little different, but the similarity is that you have an expired visa, but are still allowed to be in the USA.

I'm no expert but I doubt you will be allowed to re-enter on your J-1 but you will be able to enter the United-States using the Visa Waiver System. Don't forget to fill out the electronic visa waiver at least 72hours before you want to fly to the United States under ESTA.

I had an F-1 visa and when I was done with college but still had my F-1 visa in my passport I always could enter the United States using the I-94W Visa Waiver. I just told the CBP officer that I was done with college and not using the F-1 any longer.

Re reading your post I am a little confused if you are in the USA, why you are trying to contact the US Embassy?:confused:

To answer your question, you may be able to enter using the VWP.

Does your individual J-1 visa annotate whether or not you are you are subject to the two year foreign residence requirement?

If you are subjected to this rule, more than likely you will not be able to use the VWP. If you are not subjected to the rule, then you should likely have no problems.

The two year rule that often applies to the J-1 visa is a toughie to get around, even in family immigration cases where a spouse is applying for adjustment of status. There is a waiver you can file to get around having to remain outside of the USA for 2 years, but i'm not certain if it applies to just traveling with the VWP.

Hope that helps!

The 2-year home residency requirement for J-1 holders only applies in case of IVs and NIVs in categories H, K and L. There is no automatic loss of eligibility for VWP travelers, or indeed B1/B2 travelers. However, you will still need to demonstrate ties to home country to qualify for the VWP, and this will be difficult (but not impossible) if you have been on a J-1 in the USA for the last few years.

is really useful for me, I am glad to read it here.

Are your studies completed? If so, when you depart for the UK, you have just made a meaningful departure and your J-1 is no longer valid. You will have to reapply for entry under the VWP program. Show your tickets or travel itinerary for onward travel to Australia upon reapplying for admission to the US as poroof of your satisfying the requirements as a visa waiver visitor.

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.