Question . Can a person in India, whose family-based green card application is being processed, come to the U.S. on a J-1 visa for a short time?
The pending green card application makes it very difficult to obtain a J-1 visa, due to a concept known as nonimmigrant intent. To qualify for a J-1 visa, or to enter the United States in J-1 status, one must intend to come to the U.S. on a temporary basis. A pending green card application shows that one has expressed the intention to come to the U.S. on a permanent basis. However, if the waiting period to process the family-based green card is extensive, and it is possible to enter the U.S. on J-1, complete the J-1 program, and return home to complete the two-year home residency requirement (if applicable) before the green card process is completed, the nonimmigrant intent issue may be overcome.