J-1 visa + ESTA to travel, not to RE-ENTER but to STAY in the US?
I am from the Netherlands and I know that similar questions were frequently asked but unfortunately, it seems like no one is in the exact situation I am. I went to New York last year, just for a week, so I had to apply for an ESTA and got one. An ESTA is valid for 2 years and for 90 days at a time.
Now, I got an J-1 visa to study one semester in California (January - May). There's a 30 days 'grace period' after the J-1 expires but I wonder if I'm allowed to stay longer (just a few days actually) because I already have an ESTA. I feel like I won't need to go to Canada (like other people do to apply for an ESTA and re-enter the US) but I want to be 100% sure that I'm not obligated to leave within that 30 days, before I book my return ticket.
Does anyone know the answer?
Warmest regards, Jascha
Best Answer
No, you cannot stay beyond the expiration of the grace period just because you have valid ESTA authorization. ESTA (and your visa, for that matter) are necessary only for entering the US. Your continued presence in the US depends on the immigration status you were granted when you entered the US, and on the period of admission that was authorized by the immigration officer.
It is possible to change from some nonimmigrant statuses to others without leaving the country. This requires an I-539 form with an application fee of $370. You cannot change into or out of any visa waiver program status (WT or WB), but you can change from J-1 status to B-2 status (even though you do not have a B-2 visa), provided you are not subject to the two-year home residency requirement.
Your current status and period of admission are reflected on your most recent I-94 form. These days, I-94 forms issued to people by CBP on entry into the US are not issued on paper but as electronic database records. If you do not have a paper I-94, which most people do not, you should be able to find your I-94 record online.
Without filing the I-539 form, you can also leave and re-enter the country, but this does carry a risk that you won't be readmitted. Since you're in California, it might be more convenient to consider going to Mexico instead of Canada. Any other destination outside the US (for example, Central America or the Caribbean) would also do.
For just a few days' extra stay, it seems like it might be better to change your plans.
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Can I leave and reenter the US on a J-1 visa?
Generally, a J-1 visa holder may not travel outside the U.S. for more than 30 days without being considered to have \u201cabandoned their program\u201d. Any exceptions must be approved, in advance, by your J-1 visa sponsor.Can I leave and reenter the US on ESTA?
Minimum waiting period between two trips to the USA with an ESTA. Travellers are not allowed to leave the United States for a short while and then come back solely to refresh the 90-day validity period. Even so, there is no official minimum required waiting period between two trips to the USA with an ESTA.Can I enter the US multiple times with ESTA?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.Do I need ESTA if I have J-1 visa?
Individuals traveling on valid visas are not required to apply for ESTA.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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