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Can we get another visa while awaiting EB-5 visa?

We are canadian residing overseas. Our EB-5 application was submitted last Nov. hoping for visa to arrive by fall before school starts. Apparently we were over optimistic. Now can we get F-1 visa for kids to go to school while I, the mother, get F-2 to accompany them while await for EB-5?

Answers

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    Lei Jiang

    Immigration Attorney
    Answered on

    F visa does not allow immigration intent. Since you have submitted EB-5, you and your kids will not likely to get F visa.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Your children can apply for F-1 visas. However, you will not be able to get an F-2 for you and your wife. You will have to come stay as a tourist and request an extension due to your children''s studies.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    It is unlikely that your F2 visa would be approved as this type of visa does not allow for dual intent.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Depending on the age of your kids and the school that they want to go to you may be able to get an F-1 for your kids. However, it is unlikely that you will be able to get an F-2 based on your children''s status.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    When you are pursuing your legal permanent resident status, you can and should maintain proper non-immigrant status if you are residing in the U.S. The issue would be what non-immigrant visa status will you be able to obtain and/or maintain. Some visa categories do not allow for "dual intent", i.e. pursuing a green card while at the same time maintaining a temporary visa status. In your particular scenario there may be options, given the complexity you should really discuss this in-depth as it relates to your specific facts with immigration counsel.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Probably not for a student visa. To qualify for a student visa, the student applicant must prove that he or she is a bona fide student and that there is no immigrant intent. F-1 student visas are for non-immigrants only. Also, even if the kids (depending upon their ages) get student visas, say to go to a U.S. boarding school, you, as their mother, are NOT entitled to an F-2 visa. The F-2 visa is for a dependent of an F-1 student, not the other way around. As a Canadian, you are entitled to enter the U.S. as a visitor, not as an intending immigrant, for up to six months. If you are questioned at the border/port of entry and if the computer is checked, it will be evidence to any CBP inspector that you are an intending immigrant because you have an I-526 immigrant petition pending. If it is any consolation, almost everyone who submitted their I-526 petitions last summer or fall was expecting processing times to be faster than they currently are.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Canadians may visit the US without a visa. Because your children are not principal EB-5 investors who have filed an I-526 petition, it may be possible for them to obtain F-1. It may be challenging for you to obtain F-2 if you are the principal EB-5 investor with a pending I-526 as you must disclose information about any immigrant petitions on non-immigrant visa application. This is because F visa does not allow for dual intent to both immigrate to the US by filing I-526 petition and visiting the US temporarily while studying in the US on F visa. You can certainly try to apply for F-2 but should be mindful of the potential risks of having F visa denied and incurring expenses in this process.

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    Qingqing Miao

    Immigration Attorney
    Answered on

    1) You may be able to obtain a non-immigrant visa while your I-526 petition is still pending. One obstacle for you, the I-526 petitioner, in obtaining certain types of non-immigrant visas (such as B-1/B-2, F-1/F-2), could be your immigrant intent as demonstrated by your I-526 petition. Nevertheless, if you can establish that you will comply with all the terms and conditions of the non-immigrant visa (i.e. B-1/B-2 or F-1/F-2) and ensure that you are not trying to use such visa as a vehicle to immigrate to the U.S. at your visa interview and/or at the border, you may still get the non-immigrant visa and be admitted. Given how complex and fact-specific this issue could potentially be, you should consult with an attorney before applying for a non-immigrant visa or seeking entry at the border.

    2) As a parent, you will not be eligible for an F-2 visa. An F-2 visa is only available for dependents (spouse and children) of an F-1 visa holder. A B-2 visa will probably be a proper option for you. The above answer is for information only and does not constitute legal advice.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Since you are Canadian Citizens, you and your wife may visit the U.S. without needing any visas, F-2 or otherwise, while the EB-5 Petition is pending. As far as your kids are concerned, they may apply for the F-1/student visas in order for them to study, if the timing of the EB-5 Petition does not work for you. Since you are the primary beneficiary of the EB-5 Petition, having this pending should have no affect on your kids application for a non-immigrant visa. Good luck with your pending Petition and visa processing.

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    Mona Shah

    Immigration Attorney
    Answered on

    Yes you are able to obtain a non-immigrant status such as a F visa. The immigrant and non-immigrant track are separate and distinct. It is important to remain in status if in the US.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. It is very unlikely that you will receive F1/F2 visas during the pending period of your I-526 petition, but it doesn''t hurt to try.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The F-1 visa is a non-immigrant visa in which the student has a temporary intent to study in the US and then return to the home country after the education is complete. While it is obvious that the student''s intent is to permanently reside in the US, applying for a student visa would be inconsistent with the true intent and will be denied. The student has to be honest with the US Consulate and not misrepresent the true intent.

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    Hendrick Pretorius

    Immigration Attorney
    Answered on

    Although it is not strictly prohibited to apply for a non-immigrant visa while your I-526 is pending, it will likely be challenging. The reason for this is that few visas allow for ''dual intent'' which refers to an individual''s intention to enter on a non-immigrant temporary visa while at the same time exhibiting the intention to remain in the U.S. long term with an immigrant visa (green card). The F-1 student visa does not allow for dual intent, therefore when attempting to obtain or enter on a student visa it is likely that the student will face an uphill battle to convince the officer that he/she does not have the intention to remain in the U.S. beyond the educational program.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    By filing I-526, you have shown that you have an immigrant intent, which is contrary to obtaining a non-immigrant visa, grounds for 214b denial. However, I have been able to obtain a non-immigrant visa (B-1 and J-1) for my clients in the past even after I-526 was pending depending on the circumstances.

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    Joseph Best

    Immigration Attorney
    Answered on

    Unfortunately we would need more information. Family members who could eventually qualify for immigrant status based on an approved EB5 visa - so long as they can show at the time of applying for a student visa the requisite non-immigrant intent (meaning that they would agree to leave after being a student - perhaps later to return with the EB5) - could in theory get a non-immigrant student visa. It''s a matter of convincing the powers that be that you do really intend on returning to your country of origin. You can make this showing because you will otherwise have status most likely through the EB5 program if the petition was well-prepared. Feel free to contact our firm directly.

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    Rachel Lew

    Immigration Attorney
    Answered on

    Because your EB-5 visa is for the purpose of immigration and the petition is already in process, it conflicts with the non-immigrant F-1 visa application. There may be problems getting the F-1 visa because you have to report truthfully on the F-1 and F-2 visa application forms which will ask you whether you have applied for immigration benefits prior to application of the non-immigrant visas.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Possibly, except for the issue of conflicting intent.

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    Brian Johnson

    Immigration Attorney
    Answered on

    Yes you may use another non-immigrant visa while your EB-5 is pending. However, you will need to demonstrate your non-immigrant intent which is more difficult because of the pending EB-5.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is nothing to lose by trying, but you need to fully disclose the EB-5 petition.

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