Do I need to file for a reentry permit if I have an F-2 student visa and a pending EB-5 application? - EB5Investors.com

Do I need to file for a reentry permit if I have an F-2 student visa and a pending EB-5 application?

I am a lawyer and business man. I own a real estate company, hotel, retail stores. I have also I filed a EB-5 project in December 2015. I have been waiting for almost two years for an answer from USCIS. Since then, I never traveled outside the United States. However, now I need go and take care of my business for 20 days. After that, I can return. I am on an F-2 Student Visa, and my wife and our son have F-1 visas. May I travel back and forth without running into issues? Do I need to file for a reentry permit?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

The filing of EB-5 is an indication of intent to migrate even though you are currently on F-2, a non-immigrant visa. It is advisable that you file an I-131 to obtain a travel permit.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Traveling on F visa with a pending I-526 immigrant petition is risky because you have to demonstrate nonimmigrant intent and ties to home country upon return to the US. A reentry permit is only available to persons who are permanent residents of the US.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Only permanent residents may obtain reentry permits. If you have a valid passport and visa, you should be eligible to travel (leave and reenter the United States). Keep in mind, however, that F-1 and F-2 visas are nonimmigrant classes, requiring nonimmigrant intent. If the CBP at the port of entry questions you upon your return about your intentions and your pending immigration case, they could find you inadmissible to the United States and deny your entry. An expedited removal will make you inadmissible for five years, but they could also just allow you to withdraw your application for admission, meaning you would not be admitted to the United States and would have wait abroad for immigrant visa processing at the U.S. embassy or consulate in your home country. Therefore, travel in your situation is quite risky.

Ying Lu

Ying Lu

Immigration Attorneys
Answered on

With a pending I-526 and F-2 status, if you travel outside of the United States, you may not be able to return because you have demonstrated your immigrant intent. Reentry permits are for people who have obtained a green card but need to leave the U.S. for more than a year. Thus, you are not eligible for a reentry permit.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Travel on F status with pending EB-5 may pose problems because of the conflict in intent.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

When you mean pending EB-5 project, are you saying you have an I-526 on file? If so, you are not eligible for a reentry permit unless you have an approved I-526 and adjustment of status pending. If your spouse is in valid F-1 status and you have a valid I-20 endorsed for travel, as well as a valid visa, you may be eligible to travel. While I understand you are a lawyer, you may need to consult with an immigration lawyer as this is the area where I see smart people getting messed up.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

As an F-2 non-immigrant visa holder, neither you nor your son is eligible to obtain a U.S. Reentry Permit. If you depart the U.S., you will be required to return on your F-2 non-immigrant visa. Remember, the fact that you have a pending EB-5 petition on Form I-526 is evidence of your intent to immigrate to the United States. Thus, if you need to renew your F-2 non-immigrant visa abroad or upon entry into the U.S., you may be subject to additional questioning as to whether or not you are only visiting the U.S. temporarily. Under Section 214 (b), you have the burden of proof to establish that you do not intend to immigrate to the U.S. That may be difficult to prove in light of your pending EB-5 petition. Thus, your F-2 non-immigrant visa could be denied and, likewise, you could be denied entry into the U.S. by the U.S. Immigration inspector on the grounds that you are not a bona fide F-2 visa holder.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

Reentry Permits are for persons who already have permanent residence status in the U.S. If you have already filed your adjustment of status application, you should qualify to apply for advance parole.

Jeff Khurgel

Jeff Khurgel

Immigration Attorneys
Answered on

If your I-526 Investor Petition has not been approved, you are not yet eligible for a reentry permit. The point is likely moot anyways, as with a valid F-2 visa in your passport you should be allowed to reenter the U.S. Notice I mention "should" in the above paragraph. Be sure to speak with an attorney before traveling to advise you of the risks and procedures. F-2 is a nonimmigrant status and with an immigrant petition pending, your nonimmigrant intentions may be called into question by immigration officials.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Reentry permits are only available for people who already have green cards. You cannot get one yet. If you have a valid unexpired F Visa in your passport, you should be able to travel while your EB-5 case is pending.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

If you currently have an unexpired F-2 visa (and your wife is maintaining F-1 status), then you should be able to travel using the same visa. Also, if your EB-5 Petition (I-526) is still pending, then you do not have the option for a reentry permit or an advance parole.

Yazen Abdin

Yazen Abdin

Immigration Attorneys
Answered on

If your F-1 visa is valid and you have a current I-20, then you should be able to leave and re-enter the U.S. However, upon re-entry, there is a possibility the immigration officer at the airport questioning you regarding your pending immigrant petition (EB-5); if this occurs, you will need to explain your nonimmigrant intent in hopes the officer exercises favorable discretion and allows you admission.

Sarah A Schroeder

Sarah A Schroeder

Immigration Attorneys
Answered on

Reentry permits are only available to green card holders so you would not be eligible for one. While you should be able to travel back and forth on a valid F-2 visa so long as you can continue to show ties outside the United States, if you need to renew your visa on this trip, you may face difficulty demonstrating the necessary nonimmigrant intent needed for the F visa given your two-years of residence in the U.S. and pending immigrant visa petition (I-526). I would recommend you consult with a lawyer regarding your specific circumstances before traveling to better assess any risks.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

You cannot get a reentry permit unless you have filed for adjustment of status. If you have, then a reentry permit would be a very, very good idea.

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