What do you advise I do?

[imenivity 0]

My dad lives in the U.S. and recently became a citizen. I've visited him every year on a tourist visa since I was young. However, during my last visit, I stayed nearly six months because my return flights were canceled twice due to COVID outbreak. The year before that, I stayed around 3-4 months. Because of this, my tourist visa application was denied two years ago, likely due to concerns I overstayed or may have worked during my stay.

Now, it's been two years since my visa denial, and I'm considering my next steps:

 

- Apply for a tourist visa again to visit my dad.

 

OR - Apply for a J1 internship as I'm finishing my master's degree. I would genuinely attend the internship and use that opportunity to be in the U.S. An alternative option would be to apply for an F1 visa to study for a second masters degree - however I'm leaning more towards J1 because I think it makes more sense and would be easier to get approved.

 

OR - Have him file the I-130, but then I likely won't be able to visit him while waiting. And from my research I read that the wait could be 10 years. Ideally, I'd like to be able to visit my dad during that time, but if that's not possible, my hope is to start the immigration process while in the U.S., so I can be with him in the meantime.

 

Which option would be easier for obtaining a visa, and could potentially lead to an adjustment of status if I'm in the U.S.?

 

To give some more context: I'm 26, male, own an apartment that I rent out, and am currently a master’s student, currently freelancing so no really permanent job.

When I was denied last time, the officer asked why my dad hadn't petitioned for me, and I said it was because I only intended to visit, not live there at that time.

Any advice is appreciated!

[appleblossom 2,242]

Just now, imenivity said:

Which option would be easier for obtaining a visa, and could potentially lead to an adjustment of status if I'm in the U.S.?

 

Have you ever worked in the US or overstayed? Proving you didn't overstay should be easy enough, so I wonder why your B2 was denied.

 

I suspect that option 3 may be your only choice - you can try again for a tourist visa though on the off chance it's granted. But if that's refused, I don't see you getting a J1 either, with a USC parent. 

 

As you're not an immediate relative it'll be a long time until a visa is available to you, and adjustment of status won't be an option. 

[imenivity 0]

Last time I was granted a visa I said I was going to visit my dad (who had just petitioned to get a green card at the time) and that I was going to stay for a month there. I was granted a b2 visa that lasted 1 month. However, I my flight back was in May 2020 and that's when the lockdowns came and flight cancellations started so I ended up staying for 5 and a half months. I don't think I officially overstayed because I returned before the date that the customs officer stamped in my passport (even though my visa ended before that, it was only 1 month in duration). I read that visas are only determine the duration of the period when you are allowed to arrive in USA - and that you overstay only if you stay longer than 6 months or beyond the date that was stamped in your passport when you arrived. 

 

So just to be clear - you're saying I have pretty equal (low) chances for either B2 or J1? I would have thought I might have more chances with J1 because I would have a more official reason for going to USA, to improve my career etc.

 

Also, the denial of b2 visa last time might have to do something with me not being more detailed with my answers - they asked me why I stayed so long last time and I said because my flights were cancelled twice due to covid. I don't think I emphasized that I returned before the 6 month limit and that I own an apartment that I rent out which is a tie to my home country. 

Edited 5 hours ago by imenivity