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Overstay after visa J1

Discussion in 'Immigration Issues' started by giulstiel, Jun 3, 2020.

  1. giulstiel

    giulstiel Law Topic Starter New Member

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    Jurisdiction:
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    What can happen to a person if they first entered the country with a legal J1 visa, DS2019 form and SEVIS and stay in the country after the visa is terminated?
     
    Last edited: Jun 3, 2020
  2. flyingron

    flyingron Well-Known Member

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    As you were told elsewhere: he could be arrested and/or deported. If they are working illegally there may be repercussions for that. Even if they aren't deported, they will likely be barred from reentry (for a substantial period of time).

    They should talk to an attorney. If they have a chance to adjust status (though with a J1 entry it could be difficult), they might be able to do so since they entered legally. However if this is denied, any time since the time they were out of status would be considered illegal presence for determining the magnitude of the reentry bar.
     
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  3. giulstiel

    giulstiel Law Topic Starter New Member

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    If the visa was sponsored by a family, could the family be legally prosecuted or hold accountable for the person overstaying?
     
  4. flyingron

    flyingron Well-Known Member

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    It's doubtful that a family is the sponsor. Au Pairs may be placed with a family, but the sponsor is the organization that did the placement. The family however could be held responsible if you continue to work for them without legal authorization.
     
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  5. giulstiel

    giulstiel Law Topic Starter New Member

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    Then can the agency be legally prosecuted or hold accountable?
     
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Only if they assist you in your violation of the law.
     
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  7. army judge

    army judge Super Moderator

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    I'm searching for my old friend, Personal Responsibility.

    I have an important message for her.

    Has anyone seen Personal Responsibility lately?

    I'm really worried about her safety.
     
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  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    She's dead and has been a while.
     
  9. army judge

    army judge Super Moderator

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    wow.gif
     
  10. justblue

    justblue Well-Known Member

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    I'm very sorry to inform you that Personal Responsibility was killed by a drunk driver in 1990. :(


    ETA: The Drunk Drivers Attorney blamed the bartender and DD's parents at the trial. The Jury found DD not guilty. PR brother and sister, Work Ethic and Self Control, sued the Drunk Driver but DD fled the country with the help of his mother, Enabler. His Father, Apathy, couldn't be bothered to get off the couch to help his wife.
     
    Last edited: Jun 3, 2020
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