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Does I-130 petition affect J-1 visa?

Plymouth, MI |

I am a US citizen and I want to apply green card for my daughter based on the family sponsored preference F1. My unmarried daughter is over 21 years old and has Canadian citizenship. Now she is on F-1 student visa and is pursuing her physician career in a US medical school. I wonder If I file an I-130 petition on behalf of my daughter, does the pending or approved I-130 petition affect her to obtain a J-1 visa? Your answer is very appreciated.

Attorney Answers 3


  1. Best answer

    Yes, since the immigrant presumption needs to be overcome. She should stay away from J1 because of the home residency requirement.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Attorney Alexander is right. The J visa is a non-immigrant visa and the I-130 petition signals an intent for her to immigrate, so the intentions are in conflict and the J visa application will likely be denied. In addition, many J visas have a 2 year home restriction, particularly those involving medical training.

    For more information, call (888) 483-0311. This information is general in nature and is not legal advice to be relied upon for any particular matter.


  3. I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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