DV 2016 AOS from F-1 while on OPT, advice required

[SusieQQQ 11,586]

Another legal opinion (bear in mind your DS260 is your immigrant petition) - and this extract is about someone with a multiple entry F1 so not even having to apply for a new non-immigrant visa before travelling:

However, if he or she has filed an immigration petition before seeking such a re-entry, he/she may be asked about or is legally obliged to disclose the fact of filing the immigration petition to the immigration officer at the border since the immigration petition is in direct conflict with the permitted purpose of an F-1 visa. If the F-1 visa holder discloses the filing of an immigration application, he/she may be denied entry because of the demonstrated immigrant intent. If the applicant conceals his or her true purpose for entering the U.S., either on the visa application or to the inspector at the time of admission, visa fraud may be determined. If that is the case, he/she may be permanently barred from admission to the US. : http://www.hooyou.com/f-1/140filing.html#sthash.dQVoJh0T.dpuf

[AMS94 0]

Should I call USCIS for their advice ?

[SusieQQQ 11,586]

Should I call USCIS for their advice ?

You could, but try speak to someone senior. The same problem with lack of experience in these cases manifests there sometimes (there is another thread current where someone was told, completely incorrectly, that she could get a DV visa after September 30 as long as her case was in the system, for example).

But do you see my problem with the F1 application? If you answer the questions on purpose of 'visit' and length of stay truthfully, they can't possibly grant you an F1. If you lie on the form, it creates massive problems when you want to do AOS.

I had actually thought you'd be OK if you had an existing F1 still valid for return without having to reapply for a new visa but that extract I quoted implied that even doing that is a problem.

Quite honestly, if I was in your shoes I'd postpone the trip, if the green card was that important. I know it's tough, but there are often many sacrifices people make in the immigration process and a missed vacation back home is not the worst by a long shot. But if you do go to Australia, you need to have a Plan B.

[AMS94 0]

Hi Susie - thanks so much for the advice. I will NOT be travelling. Getting my greencard is far too important to risk for a short holiday at home.

[Biggie 0]

Hi Susie - thanks so much for the advice. I will NOT be travelling. Getting my greencard is far too important to risk for a short holiday at home.

Wise decision, it's not worth the risk taking the trip.