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Can I apply for F-1 with an approved I-526?

I am a Chinese EB-5 investor with a priority date in August 2015. I am currently on OPT extension with an expiration date in June 2021. My F-1 visa is expiring in May 2020. If I want to pursue an MBA degree after my OPT extension, will the approved I-526 affect my new F-1 visa application for MBA?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your approved I-526 cannot necessarily be used to obtain F-1. However, you can and should try to obtain F-1 to pursue your graduate degree by fulfilling all admission requirements.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Certainly, you can apply. You will have to prove that you do not intend to immigrate to the U.S. That could be difficult to prove.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It may be possible to continue studying by getting a new I-20, but as for getting a new visa at the consulate, they may be a little less cool with the I-526 being approved.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your I-526 petition is an immigrant petition, expressing your intention to permanently reside in the United States. F-1 visa status is for nonimmigrants only. That said, as long as your timely file your application to continue (OPT to F-1 student) full-time studies in the United States, you are eligible for consideration by USCIS to continue in this nonimmigrant status. You could have filed for adjustment of status in March because the dates for filing (12/15/2015) on the March 2020 Visa Bulletin were allowed by USCIS. In April, however, USCIS required the final action date of 05/15/2015 to be used. Once your priority date becomes current (or dates for filing are once again allowed) in a future Visa Bulletin, you can apply for adjustment of status (if you are in valid nonimmigrant status at that time).

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If you are in valid F-1 status, you should be able to get a new I-20 from your school and thus extend your status, even if you have an approved EB-5 case.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I would not try to get a new visa but if you stay here and just get a new I-20 should be OK.

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