A friend of mine is a Russian currently applying to Graduate schools while living here in the US. The problem that arose is that she is trying to get her learner’s permit (NY) so that she will be able to get a car and realize the American dream of commuting to work. Unfortunately she had the poor timing of braving the DMV shortly after all the 9-11 hell broke loose, and so the workers there took extra care to scrutinize her papers. She was rejected on the grounds that her J1 visa was a year expired. “This really isn’t a problem,” she assures me because apparently she can still live and work in the US. Unfortunately living and working in the US is rather difficult without the aid of personal transportation.
My first suggestion was that she get her visa renewed, or get a new one, whatever was the proper procedure (I am unfortunately rather ignorant of the details of visas and such). In order to do this, she told me, she would have to apply for one in some country outside of the US. My first thought was Canada (being only a hop, skip, and a customs stop away) but apparently so many aliens had already taken advantage of this easy way out that now Canada is far less likely to grant this sort of request.
I would appreciate any advice that fellow dopers can offer. We’re going to brave the DMV again on Wednesday, and if that doesn’t work out more drastic measures might be in order. The easiest way to get the visa she tells me would be to go back to Russia, however this seems a little excessive for a learners permit. Let me know if I’m missing anything and I can provide more information…
Except for the fact that she allowed her visa to expire over a year ago, the extension paperwork is handled through your friendly INS office. She may be thinking that she needs to apply at an embassy or consulate. That would normally only apply to people currently outside of the country, as we obviously do not have any of our own embassies or consulates located in our own country. The INS website is located at: http://www.ins.gov/graphics/index.htm
Former US immigration paralegal here. I’m extremely sceptical of her claim that she can still live and work in the US on a J1 that’s expired over a year ago. She may not want to go to the INS because she’s afraid they’ll put her ass on a plane back to Russia.
Find out exactly what her status is and I might be able to give more help, but I think she really needs to talk to a lawyer.
Thanks for the reply, while browsing through your link I came across the line
(the italics are from the site) so it seems that she might have gotten herself into a pickle by letting it expire. Perhaps this is why she seems to believe that she must apply outside the country.
Visa is issued by the State Department, not the INS, which belongs to the Justice Department. Visa grants you permission to travel to the INS inspection station at the airport or the border or what not, so that you may apply to be admitted into the country with the INS officer there. Once you get in, there is no need for a visa, or to keep it current, unless you decide to leave and reenter the country. You can never “overstay your visa”. A visa does NOT prove that you are in legal status. Your status and how long you can stay in the US is determined by the INS and is documented on your I-94, and for the J1 category mentioned by the OP, a current and non-expired IAP66. She is legal as long as her school or sponsoring organization has extended her J1 status and it is properly documented on her IAP66. The people at the DMV does not know anything about US immigration law, and they are wrong. I get very annoyed when some morons ask to see my visa. I have a F1 visa which I entered the country with many years ago, and it has expired a year ago. Since then, I’ve already legally adjusted to H1B status with the INS, and I do not have a current H1B visa because I’ve never left the country since then. There’s absolutely nothing wrong with that, but alas, many government officials are very ignorant and keep giving me a hard time about my “expired” visa.
Thank you sinemora, your advice is much more encouraging as I was trying to figure out a way to tell her that she might have a bigger problem than getting a drivers license (which is a bit presumptuous considering that her legal status is something that I’m sure she’s put more thought into than obtaining a learners permit). Now it looks like she may have a decent case for the DMV (assuming that her paperwork is up-to-date). Regardless it seems that I need to do a little more research…
If it is simply a case of your friend’s visa expiring and not a case of her being out of status (a possibility I hadn’t considered, thanks sinemora), she might be able to have her visa revalidated by sending her passport and any extension papers to the State Department. However, if her status is still J1 I think she does have to leave the country. Check the State Department’s website for more details.
Incidentally, while it may be technically incorrect the term “visa overstay” is in common usage in immigration circles - including at the INS.