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How can I re-enter the United States with a valid current F-1 visa while my I-526 is currently pending?

I am currently on an F-1 visa, valid through Feb 20, 2014. My student status will be valid until December 2015. I have submitted my I-526 application in the last month, but now I have a family emergency and my parents want me to go home in January 2014 during school break. If I do so, would it do any harm to my petition decision due to the fact that I traveled on the F-1(re-enter before expiration) when I have a pending immigration I-526? What can I do to make sure this doesn''t negatively impact my I-526 petition?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may egress and ingress from the country under your F-1 visa. There should be no effect on the pending I-526 petition. Please consult an experienced immigration attorney to assist you.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Hello. There is no prohibition from departing and entering the US as long as you abide by the requirements of your F-1 and its travel restrictions. Entering on your F-1 will not impact your I-526.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    There is always some small danger that an immigration officer at the U.S. airport will not want to admit you as a student if he/she knows that you have an EB-5 case pending. But so far, none of our clients have had this problem. Especially if you tell them you plan to process your green card at an embassy abroad.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Provided that you are enrolled in school and the F-1 is current, it should not be an issue. You may want to talk to your attorney, as it may require that you get an advance parole document.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can travel on your valid F-1 visa as long as the purpose of your entry is to resume your full-time studies in the U.S. under the terms and conditions of your I-20. The fact that you have a pending I-526 petition should not affect your ability to travel, and traveling should not affect your pending I-526.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are student in valid status with a valid visa, and your I-20 is appropriately endorsed for travel, and you are maintaining student status, you should be able to reenter despite the filing of the I-526, provided you can show you have not abandoned your residence abroad. The desire to travel shows you have ties abroad and while the filing of the petition evidence immigrant intent, it doesn''t bar reentry, it merely raises the issue that you plan to immigrate, in the future.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You may enter the U.S. While your F-1 student visa is still valid and during the pendency of the adjudication of the I-526 petition. However, it will be difficult to obtain the issuance of the new F-1 visa as the US consulate who will know of your filing of the I-526 petition and your intent to obtain conditional permanent residency.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should be able to travel on your F-1 visa. Your immigrant intent does not come into play until you file I-485 while I-526 is an EB-5 immigrant process-in-progress. Typically you will need to file I-131, Application for Travel Document only when your I-485 is pending. There should not be any negative impact on your I-526 petition for your travel as an F-1 (as long as you are in school until December 2015 a.k.a the end of your Duration of Study). Finally, there should not be any negative effect on your ability to complete your academic study as an F-1 holder as well. If you need further information, our office can help.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Yes, it is possible, but you have to be ready for questions regarding your non-immigrant intent.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Have the school endorse the I-20 for travel and indicate you are maintaining student status. The student visa won''t impact the I-526 but the I-526 may impact your continued eligibility for student status as you have now indicated an intent to immigrate and the F-1 indicates you are coming temporarily and then going home. Did you file the I-526 for consular processing?

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    What you should worry is not your I-526 but your F-1. Once you leave the United States while your I-526 is pending, you may not be able to get back to the United States with your student visa because you have shown your immigration intent by filing the I-526. I would not suggest you travel outside of the United States now.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The I-526 Petition should not be affected by your travel, as approval of this petition alone confers no real immigration benefits, but only serves as a foundation to obtain your conditional permanent residency. When obtaining CPR, your immigration history will be considered. Please note that the F-1, a nonimmigrant visa, requires intent to leave the United States after your studies, while participating in the EB-5 program is an immigrant process (intent to move permanently to the United States). Your F-1 may be more affected than the I-526. Please consult an immigration attorney to develop a plan for travel.

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