Violation of J-1 Department of Homeland Security (DHS) and U.S. Department of State (DOS) visa regulations results in the loss of legal status in the U.S. Consequences include, but are not limited to:
- Ineligibility to work on the campus
- Ineligibility to apply for or pursue academic training
- Ineligibility to apply for or pursue off-campus work permission
- Ineligibility to receive a Transfer Recommendation to attend a new school
- Ineligibility to apply to DHS for a change of visa status
Regaining J-1 Legal Status
If you have lost your status, or feel that you might have lost your status, it is important that you discuss your legal status issues with an ISSS J-1 Adviser immediately. The adviser can explore whether you are eligible to regain legal status through one of three ways:
- Correct the Record
- Reinstatement of Legal Status Application
- Reentry into the U.S. with a new "initial admit" DS-2019
DHS Declaration of Unlawful Presence
If a DHS official or an immigration judge declares an individual to be unlawfully present in the United States, the unlawful presence will begin on the date of the DHS decision - not the date the individual violated his/her status.
Unlawful presence will have an effect on future eligibility for entry into the United States:
- Individuals who have been unlawfully present in the U.S. for more than 180 continuous days but less than one year are barred from admission to the U.S. (under any visa type) for a period of 3 years from the date of departure.
- Individuals who have been unlawfully present in the U.S. for one year or longer are barred from admission to the U.S. (under any visa type) for a period of 10 years.