Past J-1 - Please help

[JamesD]

Hi all,

I am from Sydney, Australia. I had a J-1 visa in Feb 2006, but had to leave after 3 months due to an emergency and return home. As far as I know it was all fine with no problems returning. And the 2 HRR did not apply.

I am looking to travel to the US for 2 weeks in August. Do I need to go the Consulate and get approval? As I was under the impression that a J-1 forfeits your rights to the VWP.

Any help would be greatly appreciated.
Thanks.

 

[jk0274]

As I was under the impression that a J-1 forfeits your rights to the VWP.

It absolutely does not - you can still come to the US as a tourist under VWP (or a B2 visa for those who don't qualify for VWP) even if you are still subject to the J-1 HRR, let alone if you are not subject. Any time you spend outside your home country will count against your 2 years though (although in your case 1- you're not subject and 2- you're likely done your 2 years anyway).

If you still have the J-1 visa in your passport and it's valid, just make sure the immigration officer at the port of entry is not confused - in any case you'll be filling out the green I-94 form, not the white one.

On another note, the US will soon start implementing an electronic verification system for VWP travelers (very much like what Australia has for its visitors) where you have to go online and get approved for travel to the US before you leave. It's not up yet, but make sure you check a couple of weeks before you travel.

 

[JamesD]

Thanks for the info. Much appreciated.

So I just turn up at the airport like normal without contacting the embassy and all should be fine?

 

[jk0274]

Correct - you do not need to contact the embassy as long as you are traveling to the US for personal/business reasons for less than 90 days (in other words, and to directly answer your question, the fact that you once held a J visa does not change your eligibility for VWP entry at all).

However, on a separate note, the ESTA program (Electronic System for Travel Authorization) may be in effect by August. If it is, it will only be on a voluntary basis, and all you would need to do is go online in the comforts of your own home and fill out the required authorization form, whereupon you'll get a confirmation which you will print and take with you to the airport. Again, this is assuming the ESTA program is active by August. For more info on that, click here. This is a brand new program, so information about it hasn't been widely distributed yet although you can find out more by googling it.