+1-800-997-1228
Questions & Answers

What effect will applying for EB-5 have on continuing my U.S. education?

I am 25 years old and currently have an F-1 student visa. I want to apply for EB-5 in order to get my green card and permanent residency. I have the funds. Can I still continue my education the same as before even with the EB-5 process started? Will the EB-5 visa have any effect on my student visa status?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You should be able to continue your studies until the I-526 petition is approved, at which point you can file for adjustment of status (as long as you otherwise remain in lawful F-1 status in the meantime!). An immigration lawyer can assist you with the processes and options you may have.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    During the process of USCIS adjudicating the I-526 petition (which may currently take 18 months or more), you can continue to attend school under the F-1 status. Once the I-526 petition is approved you can apply for the conditional permanent residency and once obtained you can continue to go to school as a resident of the United States.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes, you should be fine filing the I-526 petition while in F-1 status in the United States and then adjusting your status from F-1 to conditional permanent resident later. Your future travel may be affected by the I-526 by the immigrant intent issue, so ensure you have a valid F-1 visa in your passport while traveling without the need to renew your visa in your home country.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you may still continue your education, since typically you would be admitted for the duration of status. However, once you file your I-526 EB-5 petition, it could be more difficult for you should you depart the United States and need to renew your F-1 student visa at the American Consulate or when you return to the United States and you are subject to inspection by an immigration inspector at the airport. Remember, by definition an F-1 student visa is one who intends to return to their home country upon completion of their studies; yet when you file your EB-5 I-526 investor petition, it shows a clear intent of acquiring lawful permanent residency in the United States. Thus the need to avoid having to appear before a consular officer or a U.S. immigration inspector. This could be further complicated if you were born in the People's Republic of China, given the fact that you might have to wait 3-5 years or even longer before a visa number is available under the quota, and you may or may not be able to maintain your F-1 student status for that length of time.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can be an F-1 student and process the EB-5 petition at the same time. An EB-5 petition will not affect your status as a student.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    You may apply while in student status. Your application should have no effect on your F-1 status.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    You can apply for an EB-5 visa while still maintaining your F-1 nonimmigrant status. The only thing is that once you submit your I-526, you may not be able to travel outside of the United States because submitting the I-526 petition based on EB-5 may negate your nonimmigrant purpose that an F-1 visa requires. As long as you stay in the United States and keep your student status, you are fine.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Generally, if you are in the United States with a valid F-1 you should have no problem. The problem arises when you need to renew your visa in your home country as your EB-5 may be seen as "immigrant intent." I suggest you sit down with an investment immigration attorney and discuss your best options.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The filing of an EB-5 petition will not ordinarily impact your ability to continue your studies in the United States, but it may impact your ability to get new travel visas. Therefore you need to make sure you have a valid travel visa stamp in your passport before you file for an EB-5 petition.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you comply with the terms of the F-1 you should be fine to do both concurrently.

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.