+1-800-997-1228
Questions & Answers

How will an EB-5 application affect my F-1 visa application?

I am waiting for my I-526 to be approved but it is likely that, before I get my conditional visa, I might have to apply for an F-1 visa for my studies in the United States. Given that F-1 is a nonimmigrant visa, would my EB-5 application bring risk to my F-1 application since it shows I have immigration intentions?

Answers

  • Avatar
    Answered on

    Immigrant intent should not be implied with only an I-526 petition pending, but you need to be prepared for questioning along those lines.

  • Avatar
    Answered on

    Having a pending i-526 makes it more difficult to obtain an F-1 visa, but not impossible. Some consulates will still issue a non-immigrant visa if they are convinced that you will return to your home country for EB-5 visa processing after your I-526 is approved.

  • Avatar
    Answered on

    When you apply for an F-1 Student visa, each applicant must show they do not intend to immigrate to the United States. Thus, the fact that you have an EB-5 petition on Form I-526 on file will clearly raise the issue as to whether or not you are an intending immigrant. Depending upon visa availability you may be able to establish dual intent if you plan to study and return to your home country, and then subsequently apply for your immigrant visa, particularly if you are from China and visa numbers are not available for a number of years.

  • Avatar
    Answered on

    This could be an issue. You will need to show your intent to return to your home country to process your immigrant visa.

  • Avatar
    Answered on

    Whether or not your F-1 visa could be approved is based on the type of school to which you are admitted, your family and their background, your grades, and many other factors. Also, you should promise to go through the immigrant visa application (DS-260) rather than an adjustment of status (I-485) filing when the I-526 is approved. This will possibly help you overcome the 214(b) denial, which basically means that the consulate officer believes that the non-immigrant has no intention of returning to their home country once the NIV, such as F-1, is approved. You must be honest with the officer and reassure him or her that you do not intend to stay in the United States forever and that you intend to go through the immigration visa route when time comes.

  • Avatar
    Answered on

    While you do not have your immigrant petition filed, you can apply for any non-immigrant status. Please consult an experienced attorney to assist you.

  • Avatar
    Answered on

    A student visa renewal will ordinarily be approved unless you have no ties to your home country. Renewal at a United States consulate in Canada may also be an option worth exploring.

  • Avatar
    Answered on

    A pending I-526 may indicate immigration intent if the application is made in your home country. I recommend you discuss this with your immigration attorney.

  • Avatar
    Answered on

    You will need to disclose that an immigrant petition has been filed but that should not be a deal breaker for you obtaining the F-1 as long as you can show evidence that your PRESENT intent (to study) is temporary. You can prove this with documents that show home country ties, financial capability, etc. It would have been more prudent to apply for the F-1 visa before the I-526 filing, but it is still possible to get the F-1 visa.

  • Avatar
    Answered on

    A pending EB-5 will indeed make it harder to be approved for an F1.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.