immigaration laws?

Question

I am an Australian citizen who is currently in the states on a J1 visa. When my visa expires next year in june, i plan on going home. I do however want to come back to the states next year in november to meet up with friends and do a vacation tour. Is there any laws against me applying for a visitor visa after holding a J1 visa? Is there a certain amount of time i have to wait until i am able to come back to the states? What are the chances of being denied a visitor visa to come back?

Answer 1

"Certain "J" exchange visitors who participate in programs which were financed in whole or in part, directly or indirectly, by an agency of the U.S. Government or by the exchange visitor's government, or who are nationals or residents of a country which have been designated by the Bureau of Public Diplomacy in the Department of State as requiring the skills of the exchange visitor, must return to their country of nationality or last residence after completing their program in the United States, and reside there physically for two years before they may become eligible to apply for an immigrant or temporary worker visa."

It appears that this includes B-1/B-2 visas, and a waiver would need to be obtained.

Waivers are often granted, but are a nuisance to apply for. Here's the official information page: http://travel.state.gov/visa/temp/info/info_1296.html
Applications for waiver can be made online in certain cases.

The correct info page on the Embassy Canberra site is not the one linked to by monsoon05, but http://canberra.usembassy.gov/consular/visaexch.html

Answer 2

Hah! I finally caught Andy being wrong!!

And Monsoon is wrong, too.

The two-year residency rule means only that certain J visa holders whose programs were financed by their own or by the US government cannot apply for an H (working) , an L (company transfer) or an immigrant visa. There is no nationality component to the two-year rule.

An Australian citizen who has finished a J program and gone home MAY apply for and use a tourist visa, or can travel on the visa waiver if they will stay less than 90 days.

Answer 3

You do not need a visa to visit for strictly tourist reasons. You are eligible under the Visa Waiver Pilot Program. It allows up to 89 days visit. However, the immigration inspector may ask a number of questions since you jsut finished a J-1 program. Some people will come back for the same reason (an internship or job or nannying) but not have the J1 extension. In other words, it may raise some red flags. If you are honest, and provide details of your stay, there should be no problem.

If there is a period of residency back in your home country, their should be a notation on your visa. I do not believe Australia does.

See also
http://canberra.usembassy.gov/consular/visawaiver.html

Answer 4

The below listed web site might help you find the information you are looking for.

http://www.usimmigrationsupport.org/visa_b2.html



B-2 Visa for Leisure or Tourism: Foreign nationals who wish to visit the United States for leisure or tourism are normally eligible to receive B-2 visas. B-2 tourist visas are required for citizens of countries that are not included in the Visa Waiver Program. However, citizens of countries included in the Visa Waiver Program may also be required to obtain a B-2 visa if they plan to stay in the United States for longer than 90 days or change status to other immigration categories after entering the country. Persons admitted to the United States under a B-2 visa are not allowed to work or receive any kind of payment while staying in the United States.

B-2 Visa for Medical Treatment in the United States: B-2 visas are also issued to individuals who are coming to the United States to undergo medical treatment. The application process is similar to that of a visitor for leisure, but there are additional documents that must be submitted to establish that the applicant qualifies for the visa. The list of required documents and the application process is described in the B-2 tourist visa information and application kit.

What is included in the B-2 Tourist Visa information and application kit?
B-2 tourist visa overview
B-2 tourist visa eligibility information
B-2 visa for tourism or pleasure
B-2 visa for medical treatment in the United States
Visa Waiver information
List of countries in the visa waiver program
How to fill out the application forms
B-2 tourist visa extension information
Document checklist
List of all USCIS (formerly INS) offices nationwide
List of United States Embassies and Consulates
FREE Application forms
* All immigration forms are provided to you free of charge with the purchase of this information and application kit.

European Tourist Visa: Citizens of certain countries are required to obtain a visa to visit Europe. This visa is called Schengen Visa. The Schengen Visa allows the visa holder to visit 15 European countries using one single visa.

Answer 5

I am sorry I have no idea how to answer your question, but you are smart to look into all these questions early so that there will be time for the government to answer your questions. As the mother-in-law of a permanent resident (but not a citizen yet), I know that there can be foul-ups that delay things and the earlier the better. It makes perfect sense what you are saying, however, government agencies do not always do the "sensible" thing. To please them, get the paperwork done early!