Questions and Answers > EB-5 Processing Times

How can a Chinese EB-5 applicant renew their F-1 visa?

I am an EB-5 applicant from China whose I-526 was approved in December 2016. I am waiting for my priority date to file I-485. I am currently a master student graduating this may, and will be on OPT starting in July. Will there be any issues if I go back to China after graduating and before the start of the job to get my F-1 visa renewed this summer, while my EB-5 application is pending?

Answers

• Daniel A Zeft

  Immigration Attorney

  Answered on April 24, 2023

  This could be a problem. You need a consultation appointment with an experienced attorney.

• Lynne Feldman

  Immigration Attorney

  Answered on April 21, 2023

  Did your I-526 request consular processing or adjustment? There is a potential conflict as F-1 requires intent to return and I-526 and I-485 show intent to immigrate. Best to wait for travel permit under I-485 to be safe or prepare to wait overseas.

• Dennis Tristani

  Immigration Attorney

  Answered on April 20, 2023

  Although the F-1 visa is a non-immigrant visa and the I-526 process inherently involves immigrant intent, many of my clients have successfully renewed their F-1 visas when their I-526 is pending.If you are pursuing a legitimate master''s program and you confirm in your DS-160 and to the officer that your present intent is to continue studying and if and when your I-526 is approved you will depart the U.S. for consular processing abroad, the consular office may approve your F-1 visa. It is important to note that the office can deny your F-1 visa due to "immigrant intent" but in practice, I have rarely seen this with EB-5 applicants who have strong financial backing and are not trying to misuse the F-1 visa.

• Stephen Berman

  Immigration Attorney

  Answered on April 19, 2023

  Yes, as an intending immigrant you will not be issued an F-1.