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How can I apply for EB-5 visa if I have an F-1 student visa?

I am 20 years old and currently have an F-1 student visa for the U.S. I want to apply for EB-5 in order to get my green card and permanent residency. Am I able to do this? Can I still continue my education the same through this process? I have the funds.

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you are able to apply for an EB-5 while still under F-1 status. You have to maintain F-1 status until the EB-5 is approved. You may also continue your education while going through this process. Be sure not to fall out of status.

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    Taher Kameli

    Immigration Attorney
    Answered on

    Yes you are able to apply. However, pelase make sure to talk to an experienced immigration attorney.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes, you can. Please contact our office to discuss your specific situation, should you need further assistance.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    You may pursue an EB-5 but should be mindful of the dual intent restrictions of F-1 visa status, the specifics on timing of certain filings as well as travel should be carefully reviewed and discussed with your immigration counsel.

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    Lei Jiang

    Immigration Attorney
    Answered on

    You can apply EB-5 visa, but it might cause problems to F-1 visa. F-1 does not allow immigration intent.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes you can. You will have to apply for a change of status and provided your F1 is current, there should not be an issue at hand.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can continue maintaining your F-1 status while you are applying for EB-5 status.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes. You can do it. There is no restriction on an F-1 student applying for an EB-5 petition.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    Non immigrant visas are granted temporarily for the foreigner to complete a purpose. The F-1 visa is to study. The EB-5 visa program is to obtain permanent residence in the United States (green card). Once the I-526 petition is approved, the student may "change their status" to permanent residence. However, you must consult an immigration attorney before you take any action. The student visa is very strict and there may be fraudulent intent issues that can endanger you obtaining permanent residence in the United States. We are available if you have any further questions.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Yes, you are able to do this, but you have to maintain your F-1 status until the I-526 petition is approved, at which point you will be eligible to apply for adjustment of status.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    You can apply for an EB-5 while you are studying on a F-1 visa. Also, you will be able to adjust your status in the U.S. as long as you continue your F-1 status. If you have any additional questions, please do not hesitate to contact me.

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    Joseph Best

    Immigration Attorney
    Answered on

    Good and unusual question because most full-time students aren''t also engaged in the sort of investment and business activities required for an EB-5 petition. F-1 students/non immigrants are precisely that your stated intention is to remain only temporarily in the U.S. to complete your studies. So technically upon filing the EB-5 petition you would have a different intent associated. That intent would be to get a "green card" or in other words to become an immigrant and remain permanently in the U.S. The key would be to disclose everything and not attempt to adjust your status in the U.S. once the EB-5 petition is approved. Remember, every F-1 student must do what they''ve stated in their petition which is to return home upon completion or termination of their studies. So long as you will do that then if your EB-5 petition is approved and your studies are complete- you would return home to your country for the consular process to get your immigrant visa to return permanently to the U.S. via the approved EB-5 petition. In that case it should be fine. But this could get complicated. You could not for example- or I would at least say that you should not

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Yes, you can certainly apply for EB-5 and continue your studies. Please call us.

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    Ali Farahmand

    Immigration Attorney
    Answered on

    Yes, you can stay in the USA with your F-1 Visa during the EB-5 Filing process. As long as you do not violate your F-1 Visa during the pendancy of your EB-5 case, there should be no problem for you to Adjust status once your I-526 (initial EB-5 Package) has been approved by USCIS. Take care.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    You can continue your education. I would recommend you hire an attorney to assist you in this.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, you can. However, you may not be able to renew your F-1 visa, get a new F-1 visa, or get OPT after the I-526 application is submitted because you have shown your immigrant intent. You need to plan your time well before filing an immigrant petition. Due to the current long processing time, in case you do not get your I-526 approval before you graduate, you can file DS-230 and go through the consular processing instead of filing an I-485 application in the U.S.

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    Natalia Polukhtin

    Immigration Attorney
    Answered on

    As long as you have legitimate funds available for investment and you are in legal status in the U.S., you can file your I-526 application. You will have to maintain your non-immigrant status while your EB-5 application is pending with USCIS. After your application is approved, you will be able to submit a separate application for Adjustment of Status, which ultimately results in your resident status (i.e. Green Card).

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    Darren Silver

    Immigration Attorney
    Answered on

    You can indeed apply for an EB-5 while you maintain your status as an F-1. Depending on your status expiration, you will likely be able to apply for your Permanent Residency in the U.S via an Adjustment process. Also, keep in mind that students are prohibited from working (unless you have authorized permission). As such, the source of your funds should be from legal means. Hope this helps.

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    Kamana Mathur

    Immigration Attorney
    Answered on

    Yes, you can apply for an EB-5 visa even if you are on an F-1 and can continue your education throughout the process. Let us know if we can be of help.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you have the funds from your parents or something, then you could apply for EB-5 after you choose your investment project/vehicle. There is no requirement that you must live near the project or be active in day-to-day management of the investment so you could continue attending your school while your application is pending and after you get your conditional green card. For more detailed advice, please consult an experienced EB-5 attorney.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    Yes, you can do it, so long as you remain enrolled in school, filing the I-526 will not automatically trigger you being out of status, then, once approved, if you have remained in school and in status, you can file to adjust your status.

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    Richard W Moore, Jr

    Immigration Attorney
    Answered on

    You can apply for EB-5 investor-based green card while you are here on F-1 status. Do you have at least $500,000 to invest? You can continue to go to school while pursuing your green card, but if we get to the point of filing your I-485 application for permanent resident status, then you would need a separate travel document to travel in and out of the U.S. while the I-485 is pending. I would welcome the chance to assist you in this important process.

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    Jan H Brown

    Immigration Attorney
    Answered on

    You can apply for Eb-5 in the United States and can get your greencard in the U.S. You will be able to continue with your studies.

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    Rachel Lew

    Immigration Attorney
    Answered on

    Yes, you can do that . But you have to maintain your F-1 student status during the entire period of I-526 petition and should not leave the U.S. After you are approved for I-526 petition, you can then adjust your F-1 student status to permanent resident status inside the U.S. at that time.

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    Michael A Harris

    Immigration Attorney
    Answered on

    You can seek the EB-5 visa while you are in the United States. The principal concern that you may have is that the F-1 visa does not permit you to have immigrant intent. This may impact you upon a return trip entry into the United States, or if you need to apply for a new F-1 visa abroad (when your visa expires).

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    Anthony Ravani

    Immigration Attorney
    Answered on

    Yes, you can. Just contact an attorney to do that for you. We have done this exact process for students and then through a change of status the student would get his green card.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you may continue your F-1 status and studies during the EB-5 processing, until you are at the 2nd stage of processing for your immigrant visa or adjustment of status. At that stage you won''t need an F-1 to study, you can live, work and study in the U.S. as a lawful permanent resident.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Yes, you can apply for an EB-5 classification while you maintain your student status. You must remain in a valid student status until you receive your green card.

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    Kenneth Byrd

    Immigration Attorney
    Answered on

    It is possible to maintain your F status and apply for EB-5 status. In fact, it is important you maintain legal status at all times in the USA, so you need to stay in F status or apply from overseas. Please call us to discuss your case in detail.

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