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Filed: J-1 Visa Country: Ukraine
Timeline
Posted

Greetings everyone!

I would appreciate your advice/thoughts on the following issue. TL;TR: should a Ukrainian with J1 status extension attempt to stamp it abroad?

 

I'm a Ukrainian who is on J1 as a research scholar at a large US academic clinic since mid-March 2022. I got my J1 a month before the war started last year in Kyiv, Ukraine. I recently got my program extended for another year to finish my project. I received my DS-2019 last week, which I know allows me to stay in the US for my next year at the clinic. I have a couple of important international conferences coming up next year, attending which would really advance my career prospects (I really want to attend them). In addition, part of my family relocated to Canada. Therefore, I would very much like to be able to travel and re-enter the US and was initially intending to stamp the visa.

 

Here are relieving factors:

  • My sponsor is one of the largest clinics in the US;
  • I've been in good standing and did not violate any J1 regulations;
  • I have my parents left in Ukraine, along with some property (car, apartment in a joint ownership, quite a solid sum on Ukrainian bank accounts), which could be use for connection to homeland statement.

 

However, here are the problems:

  • I cannot apply in Ukraine because the US Embassy doesn't process any visas at the moment - I'll need to apply abroad, most likely either Mexico or Canada;
  • Since I apply abroad, 99.9% I will get interviewed;
  • If so, it will be still challenging for me to prove nonimmigration intents since I am (1) from a country affected by war, (2) single and only have my parents left in Ukraine.

 

... and I also read that if I'm refused the stamp, I will not be able to go back to the US even if I will be traveling from Mexico or Canada and my DS-2019 will be to-date.

 

Another factor, importance of which I struggle to assess, is that I've recently got Canada-Ukraine Authorization for Emergency Travel (CUAET). I applied this summer, when I didn't expect the program extension yet but part of my family had already relocated to Canada. I got a notification that my application has been processed a day after I got my new DS-2019 form. CUAET grants an extended temporary status for Ukrainians (a visitor status first, which one can extend to temporary resident and then to permanent resident under certain conditions). I wonder if it would be considered as a red flag for immigration intents.

 

I know that nobody can predict whether or not I get rejected at the interview. I would like to get your opinion on the situation overall: being in such situation, would you attempt stamping the visa? Are my worries well-grounded or I put way too much weight on some of them?

Thank you a lot for getting to the end and even more thank you for your opinion!

Filed: K-1 Visa Country: Wales
Timeline
Posted

Worst case scenario you have U4U as a back up. So very little risk.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

You might find it difficult to find a lawyer who has any knowledge of U4U, all pretty simple and nothing much they can add - charge for.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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