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?
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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 11 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.
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