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What happens to my I-130 process if I got J-visa to go to USA?

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  • What happens to my I-130 process if I got J-visa to go to USA?

    I am waiting for the approval of I-130(usc's parents).

    If I went to USA with J-visa what problem will I have? I am going to stay in the USA for a year. In this case when the approval is done in the USA what I have to do?

    Please, let me know about it.

  • #2
    I am waiting for the approval of I-130(usc's parents).

    If I went to USA with J-visa what problem will I have? I am going to stay in the USA for a year. In this case when the approval is done in the USA what I have to do?

    Please, let me know about it.

    Comment


    • #3
      you may not be able to get J-1 visa, since it's a non-immigrant visa, and you have shown immigrant intent when I-130 was filed for you.

      If you do get J-1 visa, and do manage to get into the U.S., you will commit immigration fraud since you had immigrant intent, but nevertheless applied and received and entered on non-immigrant visa.

      Good luck.

      Comment


      • #4
        Aggi,
        For your best interest, it's not necessary to apply for a J-visa since you might be subject to 2-year residency requirement. That means you will need to spend 2 years in your home country after you leave US before you can be eligible for any visa. Of course, there is always a possibility to apply for a waiver. However, that's a very difficult and complicated process to go through.

        Bref, if you decide to come on a J-visa, bear in mind that you may miss the opportunity to immigrate. An alternative for you may be to stay home or to go to a different country (Canada for instance) and wait for the I-130 to kick in.
        Hope it helps.
        Cisse.

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        • #5
          Thanks for your explanation!

          But the problem is that I am invited as a visiting scholar(professor) in a State University.
          What should I do in that case?

          Comment


          • #6
            AGGI,

            I am not speculating, whatever I am telling with regard to your case is based on my own experience.

            Few years ago, I was in my home country and won the DV lottery. At the same time, I got invited as visiting scholar at the University of Michigan on a J-visa. I had to choose between going to US at that time and waiting in my home country for the interview for the DV. I personally chose to come, but I did not have too much information with regard to the whole process. Once I got here, I contacted INS and submitted my application to adjust status. Unfortunately, it was denied because I had the 2 years home residency requirement. I had to apply to waive that requirement and by the time I got it, game over.

            Now, in your particular case since you have a I-130 not a DV ticket, if you cannot really wait, you can take the risk to come and start the process of obtaining the same waiver. If you get the waiver, you are good to go and if you dont you loose the opportunity to be PR and later citizen. If I were you, I would ask the university to transform the J visa into a F1 visa. In that case, nothing holds you back.
            Good luck.

            Cisse.

            Comment



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