Legal Question in Immigration Law in Iowa

I come to US legally under J-1 visa D/S. Due to serve 1 year probation with BEP class and try to get expungement from my misorderly conduct charge, I overstayed my DS-2019 for 9months. Shall I be able to apply for reinstatement for my J-1 and is there any way to avoid the 3 year bar for re-enter US?


Asked on 9/21/09, 4:51 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

What you were convicted for? Why do you think that you can expunge that criminal conviction? Did you speak to a Criminal attorney about this?

As to your immigration situation, you are "out of status" and not eligible for change of status. You shall discuss the situation with your J1 visa with the program which sponsored your J1 visa. If this was a summer work-travel J1, then it can't be extended. Most J1 programs can't be extended in this situation.

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Answered on 9/21/09, 5:14 pm


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