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How can an investor switch from P-3 to F-1 after submitting an EB-5 case?

I had an F-1 visa four years ago, and then two years ago I switched to the P-3 visa. This September I submitted my EB-5 case. Can I transfer back to the F-1 visa now? If not, can I still do an extension of the P-3 visa? Will my eligibility for either visa type be affected by my EB-5 case?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The EB-5 process is an immigrant process, which may affect the ability to obtain a different nonimmigrant status. Please retain immigration counsel to help review your entire immigration history and options.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is likely you may not be able to change status to F-1 because you have filed an immigrant petition and F-1 requires a showing of a nonimmigrant intent.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    F-1 is a nonimmigrant visa category for which you should not have an immigrant intent. Having an immigrant intent is a grounds for denial of the F-1 visa. Thus, now that you have actually shown an immigrant intent by filing the I-526 immigrant petition, you cannot change to F-1 again.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is best to extend the P-3 if you can.

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    Stephen Berman

    Immigration Attorney
    Answered on

    The application for change of status will ask if an immigrant visa petition was ever filed for you. Meanwhile the process is to file a Form I-539.

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