My dad applied for EB-5, and we got our I-526 approved on December 13, 2023 (he is the principal). My CSPA age was 20 years and 25 days at the time of the I-526 approval and the India EB-5 final action date is 12/2020 (petitioner priority date 05/20/2019). I was on an F1 visa, then OPT, and now I have renewed my I-20 for my master’s program in March 2024. I recently filled out DS-260. Can I travel to Nairobi, Kenya (home) to get my F1 renewed? I am concerned that my F1 renewal request will be denied for the EB-5 application. There is also a concern about India retrogressing with the US Nairobi embassy wait times (still waiting to be approved by NVC) by the time my CSPA turns 21 (Nov 2024).
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your priority date remains current and you sought to acquire a visa within one year your age is permanently frozen. Obtaining an F-1 visa is a different matter and for that you have to show a present intent to return home. As a practical matter, most consuls will be fairly generous in allowing you to complete your studies but depending on whether you a serious student with good grades or not they officer will make a discretionary decision. The best advice is not to travel if you can avoid it.
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