Does I-130 petition affect J-1 visa and TN visa?

[Jean8 0]

Hello all,

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

1. 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?

2. Does the I-130 petition affect her to obtain a TN visa? She needs a TN visa to work in USA, if she does not find a position as a physician.

As the visa bulletin shows that a visa number will take about 7 years to be available in the category of the family sponsored preference F1. I hope that my daughter has a legal status to work in USA during such a long waiting period. Your advises and suggestions will help me make a decision if I should file a I-130 petition for her or not.

Thank you very much in advance for your help,

Jean

[Babar 0]

It gets complicated because she would theoretically be under 2 status. Once you apply for a green card, they change your status to "immigrant". Applying for a J1 would certainly change some of this as she would be on a "exchange visitor" status.

She would also have to leave the US and get her visa at a US embassy in Canada. This implies applying for a travel authorization..

I'm not sure, but it seems like waiting until the green card is accepted is the best way to go.

[Jean8 0]

Babar,

Thank you very much for replaying my questions.

I do not think that she will be in 2 status if she applies for a J1 visa and obtains a J1 visa since I am the petitioner for filing I-130 and she is the beneficiary. Before her visa numver is availabe about 7 years later and before she files I-485, her status is F1 student, or H-1B or J1 if she cahnges her status to H-1B or J1.

Thanks,

Jean

[Boiler 45,525]

Theoretically it could, in practice it does not seem to be an issue.

[newacct 688]

Getting a visa or entering the U.S. on F-1 or J-1 requires intent to leave and not to stay and adjust status. So as always, she will have to prove ties to her country, etc. And it is possible that the burden of proof is heavier with an immigrant petition for her. Given that the wait for the F1 category is so long, it probably won't have that much of an effect on her chances of entering the U.S., at least in the short term.