Can I travel on an F-1 visa while waiting for EB-5 approval? -

Can I travel on an F-1 visa while waiting for EB-5 approval?

I am a dependent in an EB-5 application submitted by my parents. I am also on an F-1 visa and will graduate this May and use my OPT status to work starting in August. Our I-526 was approved last year, and we are waiting for NVC to schedule our interview. Is it safe to travel home after graduation, assuming I have all necessary and valid F-1/OPT documents (e.g., I-20, EAD, offer letter)? I am concerned that having an immigration petition (I submitted my DS-260) may be a reason to reject reentry even if I have valid F-1 OPT status.


Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Nothing is guaranteed, but if you have an F-1 visa and don’t need a trip to the consulate you should be OK and can indicate you are awaiting consular interview on your EB-5 case as proof you will return overseas if the issue arises.

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