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Could a pending EB-5 case impact the application of an F-1 visa?

My mom has filed for EB-5. I am her dependent. If I apply for an F-1 visa next year for my studies in the U.S., and her EB-5 case is still pending, could I have any trouble getting the F-1? If the EB-5 case gets approved by that time, will the situation be different?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    What part of the EB-5 process was filed? Just the I-526? You may be OK. If she has already had the I-526 approved and started on green card applications for herself and you, then you'll have a tough time getting an F-1.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You should not have a problem getting the F-1 visa just because your mother has applied for the EB-5 and you happen to be her dependent. When you file for the F-1 and the question is asked whether an immigrant application has been made on your behalf, even though technically you are not the principal applicant on the EB-5 and you could say, no, you should not. You should truthfully explain that an EB-5 application has been made by your parent and you are her dependent. You should not have a problem getting your F-1 visa approved.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Regardless of whether the EB-5 case is approved or not, it should not affect the F-1 visa of a dependent in any way.

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    Charles Foster

    Immigration Attorney
    Answered on

    Every applicant for an F-1 student visa has the burden of proof to establish to the satisfaction of an American consular officer conducting the interview, but they do not intend to immigrate to the United States. Thus, filing the approval of an EB-5 petition of a dependent beneficiary could negatively impact your eligibility for an F-1 non-immigrant student visa. If there's no backlog in the quota, it could still take a year or longer for the petition to be adjudicated. If your status as a dependent of your mother's petition is an issue, you could argue dual-intent if you have a long-term intent to immigrate and a short-term interim intent to study in the United States.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should not have issues because you are not the principal EB-5 petitioner. Currently, it takes USCIS about two years to adjudicate I-526s. If the case gets approved, consular processing takes on average three to six months and you should consular process with your EB-5 principal parent. Alternatively, if you are in the U.S. in valid F-1 status and the case is approved, you can file for adjustment of status in the U.S. after the principal EB-5 parent is admitted to the U.S. as a conditional green card holder. The above assumes EB-5 investor and dependents are not from backlogged countries, which are currently mainland China and Vietnam.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not be a problem at the I-526 stage, but be sure to answer all questions truthfully. If there is a question about whether an immigrant visa has been filed for you or on your behalf, you need to answer yes. But you can hopefully indicate it was set up for consular processing and you will be going back to process any immigrant visa.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If I-526 is pending, you should be fine. Make sure to answer all DS-160 questions truthfully. Would your priority date for IV be current at the time of I-526 approval? If so, you may want to wait to get the IV and then enter the U.S.

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    Irina Rostova

    Immigration Attorney
    Answered on

    As long as the I-526 is pending and you are just a dependent, there is not an "immigrant application" filed in your name. Therefore, you should be able to respond negatively to the question about immigrant visa petition on the DS-160 and obtain an F-1 student visa. Whether you obtain the F-1 visa or not will not negatively impact the EB-5 petition.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No, your F-1 processing won't be hindered by your mother's EB-5 processing at this stage of processing since you are not the principal but only a dependent of the investor.

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