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 ;)
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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.