Planning on j1 visa

Immigration 3 views 3 answers
Hello, We are planning to get me a J1 visa. However, I am already filing for I-130 although it is not yet approved, it was already accepted. any insights? will this be fruitful? When it comes in building strong home country tries, I plan to use my country's mandatory national service (army) for male citizens as well savings account. what are my chances?

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Your similar question on the subject was already anwered: with a pending I-130 immigrant petition, you risk not having your application for a J-1 visa approved, due to the "immigrant intent" that will be imputed on you due to the pending I-130. The J-1 category, like most non-immigrant visa categories, with the sole notable exception of H-1B requires one to have "non-immigrant" intent. Your obligation to return to your home country to obey the draft and enlist in the armed forces of your country for military service could be a "game changer" which could convince the consul of your intention to return home upon the conclusion of your J-1 studies, research or exchange program. Your "savings account", even if substantial, will not amount to much, since money can move away at the speed of light nowadays..
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Kendell Johnson ·
I agree with my colleague, this is a very risky thing to do as you do not have the required intent to remain a non-immigrant. You have already filed an i-130 so it is clear that your ultimate goal is to remain in the United States. Unfortunately, this cannot be the plan with a J-1 visa. You should speak to an immigration attorney but again, this is not a good idea. Good luck!
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Justin Fyten ·
Your J-1 will almost certainly not be approved since you have already filed for an I-130. This is because the J-1 requires "non-immigrant intent" meaning that you plan to leave after your period of stay. The I-130 shows "immigrant intent" meaning that you intend to remain in the United States permanently. This contradiction will lead USCIS to most likely deny your J-1 application.
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