Asked in Immigration Law

Q: My J1 aupair sponsor endend prematurely my program in SEVIS. I stayed 11 months in the us after that, did I overstayed ?

Hello,

Last year, I was anau pair in the US with an agency. My agency endend my program in SEVIS because of an issue with them three weeks after my arival (so I guess that they ended to sponsor my visa...). I didn't really know that. I stayed in the US 11 months after they ended my program. I left the country the day just before the end date of my visa (the date written in my passport). Did I overstayed ? How many time it will be impossible for me to come back in the USA with a visa or an ESTA ?

Thank you for your answer.

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1 Lawyer Answer

A: You violated your status by staying in the US. However, If you were admitted for "D/S" or "duration of status", you did not incur any "unlawful presence". Despite that, you will probably not be able to return to the US on ESTA or get a visa anytime soon.

1 user found this answer helpful

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