Can I apply for a J-1 visa, while my green card application is being processed?

Asked 4 months ago - Nashville, TN

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I applied for a green card in April 2012 , as my wife is American , but I have not received any communication from the NVC since I paid my affidavit of support fee in July . I have not sent in any AOS forms , but fear that I should have done this . . I have applied for medical residencies , and I might land a job within the next month ( start - up in June 2013 ) . Through this I would be eligible to apply for a J - 1 visa , and I am therefore wondering if I can apply for that while my green card application is being processed . Or should I try to speed up the green card process ? I read somewhere that I have to end my green card application before I apply for a J - 1 visa . .

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Attorney answers (3)

  1.

    San Francisco Immigration Attorney
    Contributor Level 19

    5

    Lawyers agree

    Answered February 12, 2013 18:36. You cannot apply for a J-1 visa because you already expressed the intent to immigrate. You better follow through with your green card application.

  2. Pro

    Chicago Immigration Attorney
    Contributor Level 20

    4

    Lawyers agree

    Answered February 12, 2013 22:08. I agree with Mr. Schmidt. However, it is unclear if you are subject to the two year residence abroad requirement imposed on some J1 visa holders. This can complicate the situation, since this bar to immigration must be overcome. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

  3. Walnut Immigration Attorney
    Contributor Level 13

    3

    Lawyers agree

    Answered February 12, 2013 22:27. I agree with Atty Schmidt-- follow through the green card process, but talk to an immigration attorney to see whether you should go through consular processing or adjustment of status.

    (626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client... more

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