Specials DIVERSITY EMPLOYERS MAGAZINE Spring 2011 - Anniversary Commemorative Issue Hispanic American Village Jobs Center Featured bilingual and other opportunities for all levels   Alliances Meet more IMDiversity Employment Opportunity Network allies

Ice on Immigration: A question of overlapping fees 

By L. Patricia Ice, Featured Columnist

Question: A relative filed an I-130 Petition on my behalf several years ago.  I recently received a letter from the US Department of State National Visa Center (NVC) requesting that I pay immigrant visa (IV) and affidavit of support (AOS) fees and then file for an immigrant visa at the US consulate in my home country.  Since I am eligible to adjust my status here in the US and have to pay government filing fees to the US Citizenship and Immigration Service (CIA), do I also have to pay the NVC filing fees? 

Answer:  No, you do not have to pay both the CIS and the NVC filing fees in the beginning.  I suggest that your petitioning relative or his attorney contact the NVC and advise that office that you plan to adjust status in the United States.  You should then file the I-485 application to adjust status with the CIS and pay the appropriate filing fees.  If for some reason you are not eligible to adjust status to permanent resident in the United States, then you can again contact the NVC and proceed with them.  You will then be required to pay the NVC filing fees, even though you have already pay the fees to adjust status.  And you will have to apply for an immigrant visa abroad.  Incidentally, neither the CIS nor the NVC generally return any filing fee money, so please proceed cautiously.