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How can I re-enter the U.S. as an F-1 visa holder after filing my DS-260?

I am a current student studying on an F-1 visa. I am also a dependent on the EB-5 petition of my mother. Our I-526 was approved and our attorney filed for DS-260 sometime in March, which got approved in April and the consular interview is scheduled for August. Originally we thought that we might be able to get an interview slot sometime during my summer break, so I left the U.S. Now I might need to return to the U.S. as an F-1 visa holder. I heard that my return back to the country might be in jeopardy on the basis for dual intent, even though I was able to travel after the I-526 was approved. I am planning on bringing all necessary documents, such as my I-20 as well as the letter from the embassy of my interview schedule and a plane ticket back, to show to the CBP officer that I am entering with an intention of a temporary stay until my interview. Is there anything further I could do to ensure that I could return to school safely until my scheduled interview?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    With explanation of your intent to consular process abroad, documentation evidencing your scheduled U.S. embassy IV interview and plane ticket back CBP, those may allow you to get admitted on F-1 temporarily. We have had clients like you who were able to enter. Sometimes, however, CBP, will not be convinced and they may send you back home on the next flight. In that case, ensure you request to withdraw your application for admission on F-1. They may also notify your airline not to board you on your destination to the U.S. ahead of time as a courtesy because they know they will not admit you. We also have had situations like that in the past with some clients.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your summary appears to be good enough. In circumstances of this nature, you should not have any problem entering the country. However, keep in touch with your attorney as well for a progress report on the DS-260 you filed.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The F-1 visa is not a dual-intent visa to enter with an approved petition. Since you already started the LPR process, it clearly indicates that you have an intent to stay in the U.S.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    It is the intent at the time of entry that should govern. So, you need to be very clear that you at present entering for the studying temporarily, and that you will be returning back to your home country for the immigrant visa processing in August. They have the full discretion to deny your entry with any entry, but it''s worth a shot since you are not trying to circumvent any immigration regulations.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Nothing is guaranteed, but if you explain you will be returning for your consular interview shortly, I would hope they will let you in.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    With the plane ticket and the interview notice date for back home, you should be allowed to come in temporarily on your F-1. However, it may require more explanation to the CBP officers and convince them that you will not be filing adjustment of status after coming in. Their decision is discretionary, but I have had many other clients who traveled like you and were allowed in by showing that they will go back out to be interviewed.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you have a valid non-immigrant F-1 student visa with a current certificate of eligibility on Form I-20, you can always board an airplane and apply for admission to the United States as an F-1 student. If questioned, you must truthfully say that you are a beneficiary of your mother's EB-5 investor petition and you will ultimately return home when you are scheduled for your consular interview. This is a concept of "dual intent"; you have a temporary intent to enter the U.S. for F-1 student purposes, but a long-term intent to become a permanent resident through the EB-5 program. As long as you are truthful, there should not be any risk other than the risk of being denied entry.

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