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Help - i will be illegal on interview for DV2004

aniesia2004

Registered Users (C)
Help me please,
My J-1 visa ends on September 26, 2004 and my interview is on September 29, 2004. Will I be illegaly?
Aniesia
 
1. I believe there is a 30 day 'grace period' after the end of your J1

2. I hope you don't have a 'foreign residency requirement' with your J1, in that case you would not be able to take advantage of your DV win.

3. Why are you starting to think about this on sept24th in the afternoon when it is pretty much too late to fix the problem ?

4. What does your I94 form say ? (probably D/S = duration status)

5. What is the end date of your J1 sponsored program

6. You said your 'visa' is expiring. The expiration of the visa itself is meaningless for your status. It is the validity of your DS2091 form that determines the legality of your status. You need the visa for entry only, while you are here you need a valid DS2091 and a I94 with 'D/S' on it.
 
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Hello

Unfortunately my 30-days grace period ends on September 26th. My case is so complicated. My papers were lost and after involving congressman and senators I was able to get the interview date on Sept 29. So I will be illegaly, but I was said that here works immigration laaw that I am waiting for the interview. I applied to the school this week. So I can say that I'm at school. One more thing: my DS2019 shows that I'm not subject to Home Requirement Residency, but there is no note on my visa, which is for 5 years (J-1)!!! I called ambassy in my country and they told me that my visa was a big mistake and I have the 2 years bar! I'm going to the interview and maybe they won't check it. Is it possible? Please reply.
Aniesia
 
> Unfortunately my 30-days grace period ends on September 26th.

Ok, so unless you manage to get another DS2091 until monday, you are in trouble.

> I applied to the school this week.

Will they be able to get a DS2091 for you today ? Otherwise beeing at school doesn't help you.

> my DS2019 shows that I'm not subject to Home Requirement
> Residency, but there is no note on my visa, which is for 5 years (J-1)!!!

Most likely, you will need an 'advisory opinion' from the department of state to determine whether you have a HRR.
This is I believe a free service, but it takes at least a couple of weeks to come back.

> I'm going to the interview and maybe they won't check it.
> Is it possible? Please reply.

I am still puzzled why you think that this can be fixed on a friday afternoon, less than 48hrs before your grace period ends..

Checking for an unfullfilled J1 home residency requirements is an established part of the I485 process, you will need a lot of luck for them to just overlook the note on the visa stamp.

I wish you the best of luck
 
More Info

My DS2019 was till August 26. I could stay one more month till Sep 26, 2004. My I-94 says D/S. Am I illegaly?
 
Thanks

It does not say anythiog on my visa (there is no note whether I am subject to HRR or not). On my working paper DS2019 is marked that I am not subject to HRR. That is why I haven't done anything, it looked like I was not subject, until I checked it in embassy. I went to school, so I'm legally, but as long as I have HRR I can't apply for green card, and any other visa (like F-1). What can I do?
 
If neither your visa, nor your DS2091 indicate an HRR you should be fine from that aspect.

> My DS2019 was till August 26. I could stay one more month
> till Sep 26, 2004.

Yes

> My I-94 says D/S.

= duration/status meaning it is valid as long as you have a valid DS2091 or any other sort of active filing that conveys a legal status in the US.

> Am I illegaly?

I assume you have filed a I485 with your DV letter ? (I am not familiar with the filing process for DV)

After you have filed a I485 you are in a 'period of stay authorized by the attorney general' until your I485 has been finally adjudicated. So, you might be ok even if your DS2091 expired.

I assume that you don't have an attorney ---> get one on monday. Any advice here on the internet could have been given by a dog or some other unqualified person.

Try to have the attorney go to the interview with you. He/she can explain that you didn't know better how things got lost by CIS, how this is all not really your fault etc. It will set you back a good amount of money, but it might be worth the dough if it gets you out of the pickle you are in.
 
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Thank you :)))

So you say that 'm legally. I'm so confused. Am I right now on grace period or on visa authorization period?
I count on luck. I was fighting with immigration for thier mistakes in my case, now it turned out that my ambassy made double mistake with my DS 2019 and visa. :)
I have a lawyer and will pay as much as possible to get green card. I will keep you informed.
 
Ok, you are not making this easy.

Let me simplify the question:

Have you filed a form I485 (Application for registration or adjustment of status to permanent resident)

Yes or No
 
Hello

I filed I-486 on June 3, 2004. But my DS expired on Aug 26th plus one month = Sept 26th (Sunday). Will they ask me about those three days till Wednesday (my interview)?
How should I explain this two year bar? Could they call US embassy to find out (my DS2019 says - not ubject to HRR, visa says nothing, it's for 5 years - which is a huge mistake, reality says - I have HRR)?
Aniesia
 
Once you have filed a 'non frivolous' I485 you are in a 'period of stay authorized by the attorney general' = legal.
You are therefore not 'illegally' and you are not 'accruing unlawful status' (as the goverment puts it more politely).

And by now it is too late to worry about your HRR. Your visa doesn't state it, you DS2091 doesn't state it, if you dont' run your mouth about what the embassy told you you should be fine. Let sleeping dogs lie, if they ask you whether you have a HRR, truthfully answer NO.
DON'T EXPLAIN ANYTHING, TALK AS LITTLE AS POSSIBLE, DO NOT VOLUNTEER INFORMATION.

(this is my understanding of the regulations, not a legal opinion.)
 
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Congratulations !!!!!!

You must be elated, from 'illegaly' to GC in a day.

(The US immigration system never ceases to amaze me in its inconsistencies.)
 
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