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I have a question about transferring from my current J-1…

Hi, my name is*****...

Hi, my name is***** have a question about transferring from my current J-1 visa to a J-2 visa to be a dependent on my husband's current J-1 visa

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am currently a J-1

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes My mother is a U.S. citizen and in 2016 she filed an application for a green card for me (I-130), the case has not been processed yet Is this going to interfere with a possible J-2 application?

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Answered in 5 minutes by:
3/7/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,301
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 4 months ago
Hi, thank you for taking the time to talk to me

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, it is not good news. The pending I-130 is clear evidence of immigrant intent. To change status to J-2, you have to prove non-immigrant intent which is pretty much impossible to do. Even if your I-130 was withdrawn, the intent doesn't just disappear. Try not to make any changes to your J status and if you are not subject to 212(e), the requirement that you go home for 2 years, you should consider trying to get into H-1B professional status as that allows you to have immigrant intent.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,301
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
The pending I-130 was not a problem last year when I applied for a J-1 visa, and became a visiting scientist at CU Boulder. How is it going to be different when applying for a J-2?
Customer reply replied 4 months ago
Sorry, I'm new to justask, can I expect an answer to my question? I do not mean to rush you, happy to wait, it's just unclear to me if I will receive an answer to my follow-up question. Thank you

Sorry about that. When you opted me out, I was not allowed to answer until I got an administrator to let me back in. Anyway, maybe the reason it was not a problem before was because it will be so long before you can use it that the officer may have felt that you would go home after your brief stay. If you can convince a new officer reviewing your change of status application of the same, then you could get approved, but if they believe that you will just continue to find ways to stay until you can use the I-130, then they may deny.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 4 months ago
Thank you for the answer, sorry, I am not 100% familiar with justask procedures.

Not a problem. You are very welcome and my pleasure!

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Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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