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My B1/B2 was cancelled because I earned income in the US while living in my home country. What are my chances applying for a J-1

Boca Raton, FL |

I would travel to and from my home country to do speaking/training engagements. I was compensated and bought a car in the US. They cancelled my B1/B2 because I abused it and now I would like to continue where I left off a year ago but do it right this time. I'm in the process of getting my bachelors degree and will apply for a H-1B visa in 2014 but Do you think I could get a J-1 Visa in the meantime so I can train to better my career while schooling for the Bachelors which will help me obtain the H1-B?

Attorney Answers 5


  1. Your prior violation of your B-1/B-2 will be an ongoing problem. The J is for training and has the same non-immigrant intent requirements as apply to the B. Although your chances look slim, you can go ahead and try to find a J sponsor: http://j1visa.state.gov/participants/how-to-apply/sponsor-search/

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


  2. Your chances of obtaining an J-1 visa are slim and none due to your previous violation.

    (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.


  3. Basically no chance because of the prior violation.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  4. I agree with my esteemed colleague.

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  5. I would say the likelihood of your obtaining a new visa in any category is poor. This is because it appears that the government took the position that you gained entry into the United States by fraud (i.e. misrepresenting your intent) as you admitted that you "abused" your visa. A finding of fraud renders one permanently inadmissible, though waivers are sometimes available

    You need to consult with an experienced immigration attorney who can review the specific facts of your case, advise you of the options available, and recommend how best to proceed.

    -----------
    Jeffrey A. Devore, Esq.
    Board Certified Immigration Attorney
    Devore Law Group, P.A.
    2925 PGA Blvd., Suite 204
    Palm Beach Gardens, FL 33410
    Telephone: (561) 478-5353
    Facsimile: (561) 478-2144
    Skype: jeffrey.a.devore
    email: jdevore@devorelawgroup.com
    web: www.devorelawgroup.com

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