my green card has been expired while I was living in my country Ecuador ,I did not want to return to live anymore in the states and thereby I lost my residence status because I did not return to the states in the span of six months that I had chance to go back , so now I am a English teacher in Ecuador my country and I have the opportunity of applying for the visa j 1 Nonimmigrant Visa Application (DS-160) for Intensive English Program in kansas state university, because I won a government scholarship, But my question is: Can I apply for this visa J1 ?. Because I can not enter to the States because my green card is expired and I have a social security number , and I do not know if the consul permit me enter to the States with this type of visa J1, because I think my resident status may int
your previous resident status establishes your intent to immigrate, and thus you can apply but be prepared to convince the consular officer that you will return home after your J-1 program is over. you will never find out unless you apply.
The burden is on you to show that your have nonimmigration intent when you apply for the J1 visa. This burden will be very high based on your prior immigration history. The threshold is high but may be met with extensive evidence.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
I am not so sure that if your visa is destined to be denied, it would be on the grounds that you used to be a permanent resident. I agree with my colleague that it is an indication of an intent but whether it is indeed a subject to circumstances we do not know.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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