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