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What other visas can be applied for while an EB-5 petition is pending?

I have already filed an I-526 petition, which is pending. I want to apply for a J-1 visa (medical residency). Is this possible while my I-526 petition is still pending? What other types of visas am I allowed to apply for while my EB-5 application is pending?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    There are several nonimmigrant visas that can allow you to make a quick entry into the United States to live, study and or work in the United States. There is the F-1 student visa, the L-1 intracompany transferred executive visa, and the E-2 investor visa for those nationals that have a treaty with the United States. In addition, there is the J-1 visa, but there is the possibility that after the temporary period of J-1 time in the United States, the visa holder may be subject to a two-year residency requirement which would require the holder to return to the home country for two years before the return to the United States under another type of visa.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You may apply for any other visas for which you might qualify. However, most nonimmigrant visas require that you overcome the presumption under U.S. immigration law that you are an intending immigrant and require that you show sufficient ties to your home country. Therefore, if you submit an I-526 petition first and then apply for a nonimmigrant visa, you must disclose the filing of the I-526 on your DS-260 application for a nonimmigrant visa (or on the USCIS petition/application form in the event of a change of status request from within the United States). If you obtain your nonimmigrant status and/or visa first before filing your I-526 petition, then no such disclosure must be made.

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    John J Downey

    Immigration Attorney
    Answered on

    USCIS as well as the State Dept. will often look with suspicion on more than one application at the same time. You could apply for an F-1 student visa or B-1/B-2 business/visitor.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Please be careful with applying for a J-1 for medical residency, as a J-1 visa has a two year foreign residency requirement and even if you obtain the approval of your I-526, you will not be able to apply for your residency until you obtain a waiver of the two-year foreign residency requirement.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A I-526 itself should not affect a nonimmigrant application like a J-1, but it is still possible it may raise questions by a consular officer. A nonimmigrant status means you intend to return to your home country at the end of your status. An EB-5 immigration attorney will help you though the U.S. immigration processes.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may apply for any other nonimmigrant visa, but for most, like the J-1, you must demonstrate nonimmigrant intent. Also beware if you apply for J-1 medical residency you will not be able to adjust status or consular process until you either spend two years overseas or apply for and receive a waiver of the two-year foreign residency requirement, so you may want to get your permanent residency first and then do a medical residency.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you have the immigrant petition pending or approved, then it is unlikely that you will be able to get a non-immigrant visa, such as J-1, F-1, B1/B2, etc., as you need to attest that you do not have an immigrant intent when applying for those non-immigrant visas.

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