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Questions and Answers > EB-5 Requirements

How can my child get an F1 visa while our EB-5 visa is pending?

My son''s EB-5 petition was approved in April 2021. (RC based Applicant from India). However further processing is held up due to lapse in reauthorization. However he has a wish to study in US university for this future. Can he face any problem in getting student visa while his EB-5 application is pending?

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Answers

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    Dennis Tristani

    Immigration Attorney
    Answered on

    I have represented numerous clients who have successfully applied for an F-1 visa while their EB-5 petition is pending. While there is a potential issue due to the non-immigrant intent required for an F-1 visa and the future immigrant intent that comes with an EB-5 petition, in my experience, U.S. consulates have the discretion to issue an F-1 visa so long as the individual has the present intent to pursue a legitimate program of study in the U.S. and is forthright concerning the pending EB-5 petition.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It is possible he could face a problem.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    It should be fine; speak to your attorney and they will guide you on how to properly submit for F1.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    My experience is that as long as the person is a serious student with decent grades and can clearly articulate a plan that focuses on studies as the reason to enter, the visa will be issued. Having filed an immigrant visa must be disclosed but the regulations clearly show that the student needs to articulate their intent at the time of the interview and the fact the student may decide to stay in the future is not an automatic disqualification.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    He will need to convince the consulate that he is coming temporarily only and will return to the consulate for immigrant visa processing. May work; no guarantee.