Am I performing a fraudulent action if I am on a F-1 Student Visa in the US, while the NVC is asking me to pay for the visa availability?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I performing a fraudulent action if I am on a F-1 Student Visa in the US, while the NVC is asking me to pay for the visa availability?

My parents had filed a I-130 form when they entered the US (legaly), 5 years ago. My application is approved and with the NVC currently. Since, the day my parents became US citizens the NVC has asked me to pay the visa processing fee in order to go back to my country and get the visa from there. However, for the last 2 years, I have been in the US on a student Visa (F-1). I called the immigration office today because I do not want to travel back to my country to get the visa but the rep told me that it is considered a fraud that I am currently in US. Any ideas?

Asked on August 14, 2012 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the priority date is now current and a visa is available, you can just apply for adjustment of status within the US and do not have to go back to your home country to consular process.  You just have to make sure that the visa number is, indeed, available before you submit any documentation.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption