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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94319
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello, I spent all my summer in US under J1 visa with Summer

Resolved Question:

Hello,

I spent all my summer in US under J1 visa with Summer Work and Travel program. I left USA 5 days before my visa expire bcos of my mom's illness. I came back here on last day of my visa because I thought I have 30 days travel after work and my visa expire. (That's program rule)

Officer asked me to wait in a room and they checked everything about me over 5 hours. After interview, questions and all checks they gave me 212(d)(4) form and put me in B2 status and they gave me 6 months visa. I didn't ask them to change my status or anything. My question is: Is this change of status? or is this gonna effect my next visa apply?

PS: I asked this to the officer, he said everything's alright. But I'm still not sure.

Thank you.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

They did you a favor. They let you in as a B-2 visitor when you did not have a B-2 visa. So you got very lucky and you actually will get more time now than you had anticipated. Should this affect you getting a visa in the future? If you leave on time, can prove for the next visa that you have non-immigrant intent (the intent to go home when you are done) and strong ties to your home country, then you should get an approval. Of course, if it is an immigrant visa that you apply for, then you would not have to prove non-immigrant intent nor strong ties to your home country.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!
Customer: replied 9 months ago.

Thank you, XXXXX XXXXX is alright and I can stay here up to 6 months without problem, right? If I leave can I re-enter to US during this 6 months with 212(d)(4) form? Or shall I apply for visa again?

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
You can stay the 6 months. I would not leave the U.S. and try to come back using the 212(d)(4) as you do not have an actual B-2 visa. So you should apply for an actual visa from outside of the U.S. Please let me know if you have additional questions and please do not forget to rate my service to you as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94319
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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