Can I get a J-1 visa with an approved immigrant petition?

Asked about 1 year ago - Jacksonville, FL

I have an approved immigrant petition (my sister, a US citizen filed an immigrant petition; my priority date August 5, 2010). Now I am applying through an organization for a J-1 exchange visitor visa as a world language teacher to teach in the US.
My question is:
a) Can/Will I be denied a J-1 visa based on my dual intent (coming/immigrating to the US)? (But I have an immigrant petition that has been approved by the USCIS. But how will a consular officer look at the case? Can he deny the J-1 visa? Under what circumstances can he approve it?) Thanks a lot ;)

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . You may find it difficult to prove nonimmigrant intent with an approved I-130.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Jeffrey Adam Devore


    Contributor Level 20


    Lawyer agrees

    Answered . It will be necessary for you to prove that you have a foreign residence you have no intention of abandoning and a bona fide nonimmigrant intent. The fact that you have an approved immigrant visa petition is not an automatic disqualifier.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Yes, because a sister petition will take more than 10 years to process ... you can get a J because there is no risk that you'll adjust your status to a greencard during your J.

    Plan on going home and make sure there is no 2 year restriction on the J.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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