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What is the possibility of getting F-1 approval after submitting the I-526?

I am planning on applying for the EB-5 investment visa program. However, my daughter was admitted to a U.S. college and she will be applying for her F-1 visa in May 2017. If I apply for the EB-5 visa program this March, will it affect my daughter’s chances of getting the F-1 visa? Is it possible/OK to include my daughter’s name at the later stage, such as after completing her F-1 visa process?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    She may get some questions but, technically, the I-526 petition pending without anything further should not give rise to immigrant intent.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Because your daughter is not the principal EB-5 investor who files I-526 petition, she should not have issues with F-1. If she is unmarried and under age 21, you may include her as immediate family member in your I-526 petition.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no relationship between your daughter''s F-1 and your I-526 petition. As a result, assuming she is admitted by an academic institution, even after your I-526 petition has been filed, she should be able to secure an F-1 visa. Also, as your EB-5 petition progresses, if she is under 21, you will be able to add her as a family member.

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    Irina Rostova

    Immigration Attorney
    Answered on

    If you are the investor, your daughter will not actually have a pending immigrant petition in her name. There is no room for dependent family members on the I-526 form. Although we usually include the names of the all the dependents in additional documents attached to the I-526, they will be "officially" added only after the approval of the I-526. Therefore your daughter should have no issues receiving an F-1 visa. A number of clients'' children received F-1s after the parents filed I-526s.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    Your daughter''s name need not be included in the I-526 petition. It can be included post-approval of your I-526 at the time of consulate processing (approx. two years from now). Up until then, a case can be made that she does not have an immigrant intent because it is her choice to get a green card or not.

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    Charles Foster

    Immigration Attorney
    Answered on

    The chances of having an American Consular Post issue you a non-immigrant F-1 student visa after you have filed an EB-5 investor petition on Form I-526 are not promising. If you wish to apply for an F-1 student visa, you should apply and obtain same prior to filing the EB-5 petition on Form I-526. Since you yourself filed an EB-5 petition on Form I-526 in your name, it may not directly affect your daughter''s chances of obtaining a non-immigrant F-1 student visa, since she is not the petitioner and she can properly answer the question when asked if she has ever filed a petition to acquire residency in the United States with a negative response of "No." You should always include your daughter in all documents at all times prior to your application for an immigrant visa once the I-526 petition is approved.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    We recommend being fully truthful at every stage. If you daughter shows she is a serious student and is accepted at a good school, my experience is she is likely to be accepted. Also, while again I emphasize full disclosure, your daughter can apply for a student visa now. It is correct she can only enter 30 days before commencement of studies, but she can apply for the visa four months before.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You filing for I-526 has no affect on your daughter''s ability to apply for or maintain F-1 student status. She can later be included in the "green card processing" after the I-526 is approved and you are ready to proceed with the immigrant visa processing or adjustment of status if you are already in the United States.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Please note that I-526 is the immigrant petition for the investor only, not the family''s. If you are the investor and submit the I-526 in your name, only you have shown the immigrant intent, not your daughter. Thus, she may apply for the F-1 visa with her acceptance letter and obtain the F-1 visa. Make sure that she does not mention that she will be immigrating with you as that has not happened yet and until I-526 is approved, you are not eligible for the immigrant visas.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should include her on the I-526 form to avoid questions of why you omitted her. I would not expect your application to be the reason an F-1 is not approved.

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