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 2,437]

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 October 20 by imenivity

[canadian_wife 1,822]

The B and J visa you are referencing are non immigrant visas.  Meaning that the reason you want to go to the United States is not nearly as important as the reasons you must return to your country.  So focus on that, what is preventing you from staying months in the United States?  

 

Good luck

[appleblossom 2,437]

14 hours ago, imenivity said:

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. 

 

Having a rental property isn't a tie, you can rent that from anywhere in the world. Are you sure your visa was only for a month? That's very unusual (most are 10 years, multi-use) and sounds like there was an issue from the start. What was the actual reason given for the refusal last time?

 

J1 is also non-immigrant as said above, so you'd still have to show you will return to your home country for that. If you really were only given a one time use B visa, then I would think your chances are incredibly low, as that indicates there is something on your record that they're concerned about. 

Edited October 21 by appleblossom

[imenivity 0]

1 hour ago, appleblossom said:

 

Having a rental property isn't a tie, you can rent that from anywhere in the world. Are you sure your visa was only for a month? That's very unusual (most are 10 years, multi-use) and sounds like there was an issue from the start. What was the actual reason given for the refusal last time?

 

J1 is also non-immigrant as said above, so you'd still have to show you will return to your home country for that. If you really were only given a one time use B visa, then I would think your chances are incredibly low, as that indicates there is something on your record that they're concerned about. 

Ah that's unfortunate but thanks for the reply. Yes it was only for a month and all my previous visas were for 3 years. That interview went smoothly from what I remember. They did ask about my dad's status at the time and he had just married an US citizen and petitioned to get a green card. So maybe that's why I got a 1 month visa, or because it was granted in late February 2020 which is when covid was starting to come strong, or because I had stayed about 3 months the previous time and they maybe felt that was too long.

 

In the last interview, 2.5 years ago when I was denied they just asked me why I stayed so long last time which I explained, then asked about my dad's status - I said he's a LPR, then she asked why he hasn't petitioned for me to get a green card and I said because I only want to visit him, not to live there. Then she said it was refused and handed me a pamphlet that said I was unable to prove strong ties to my home country.

 

You think trying for F1 won't give me any better chances than B2 or J1?

Edited October 21 by imenivity

[appleblossom 2,437]

4 minutes ago, imenivity said:

You think trying for F1 won't give me any better chances than B2 or J1?

 

I think any non-immigrant visa is likely to be refused from what you've said. But you can certainly try, you may as well give it a shot and see what happens. 

 

 

[SalishSea 17,801]

1 hour ago, imenivity said:

Ah that's unfortunate but thanks for the reply. Yes it was only for a month and all my previous visas were for 3 years. That interview went smoothly from what I remember. They did ask about my dad's status at the time and he had just married an US citizen and petitioned to get a green card. So maybe that's why I got a 1 month visa, or because it was granted in late February 2020 which is when covid was starting to come strong, or because I had stayed about 3 months the previous time and they maybe felt that was too long.

 

In the last interview, 2.5 years ago when I was denied they just asked me why I stayed so long last time which I explained, then asked about my dad's status - I said he's a LPR, then she asked why he hasn't petitioned for me to get a green card and I said because I only want to visit him, not to live there. Then she said it was refused and handed me a pamphlet that said I was unable to prove strong ties to my home country.

 

You think trying for F1 won't give me any better chances than B2 or J1?

F1 has the same burden of proof you’re up against with B1.

 

Just have him petition you for an immigrant visa.

[mam521 2,056]

1 hour ago, imenivity said:

Then she said it was refused and handed me a pamphlet that said I was unable to prove strong ties to my home country.

You have your answer - it's right there.  You need to demonstrate strong ties and a motivation to leave.  Properties can be managed on your behalf from an agency, studies can be completed anywhere.  Right now, USCIS sees nothing really tying you to "home" but in the US, you have family - there's a high likelihood you'd attempt to adjust status in their eyes because your ties are weak.  

[Boiler 45,442]

If you wish to move to the US then he needs to file for you.

 

If you wish to visit I would wait until you have a job etc and have something to show before applying.