+1-800-997-1228
Questions & Answers

How can an EB-5 applicant on an expired F-1 visa leave the country?

I have a friend who applied for EB-5 last December. He is on F-1 and is maintaining it, but his visa has expired. His I-20 will expire in April 2016. He needs to go out of the country soon and that means he will have to apply for a new visa. Will he be able to get an F-1 visa considering that he applied for EB-5? How can he leave the country on an expired F-1 visa with an EB-5 application submitted?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The filing of the EB-5, I-526 petition does not mean that you have applied for conditional permanent residency. When you apply for the new F-1 visa, you are showing the U.S. consulate that you have a nonimmigrant intent to study in the United States for a temporary period. You can also express that if the I-526 petition is approved you will apply for the conditional permanent residency visa at the U.S. consulate.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    This could be an issue as he has indicated immigrant intent. Best not to travel until the I-526 is approved, the I-485 is on file, and advance parole has been received.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It depends on the consul and whether he is a good student at a good school. Some consuls will deny. Best to wait until the case is approved and then file for an adjustment of status.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It would be difficult to obtain a new nonimmigrant visa while the EB-5 process is ongoing, especially if the I-526 is approved. Please have your friend consult an EB-5 attorney for assistance and representation.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    First, anyone can leave the country. When he goes to the U.S. consulate in his country, he may have trouble returning under another category since he has an application for an immigrant visa pending (EB-5). He can go to the consulate and speak with the visa office and see if they will let him return.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    As he has a valid I-20 until April 2016, he has not violated his status and can stay until then even though his visa has expired. However, it may be difficult to obtain a new F-1 visa to come back since he applied for EB-5, unless he has requested consular processing on the I-526 form. Unless he really needs to go out, I would suggest that he does not and keeps maintaining his status by enrolling and attending school to renew his I-20 until the I-526 is approved and he can file the adjustment of status.

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.