I filed I526 in October 2019. I am from India and will be going to the US in June on a B1 Visa. I have a return flight on 28 September.
Can I file for adjustment of status while I am in the US? Will it be considered as a visa fraud, because after filing, I will have to stay in the US till adjudication of my application and I won”t be able to return back to India on September 28?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you can show you had no intent to file an adjustment when you entered, and only changed your mind at least 90 days after entry, you might be eligible to file an adjustment application. It is a complex analysis, for example, did you quit your job when you left? You need to be careful because if your reasons for changing your mind are not credible, and they allege and find visa fraud, then you become inadmissible.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt is an option only if this is a change in intent after you are here, not a plan all along. So I would wait at least 60 days after entry to start this.
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