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How can our EB-5 application and the F-1 renewal of my son be processed at the same time?

We have just submitted our EB-5 DS-260 to NVC for document qualification. Simultaneously, the F-1 student visa of my son is set to expire in June 2023. Can I proceed with submitting an F-1 student application, specifically the DS-160? This would mean that there will be two visa applications under his name. Is this advisable? If not, what is the alternative?

Answers

• Dennis Tristani

  Immigration Attorney

  Answered on May 26, 2023

  Yes - you can pursue both processes at the same time. You have to confirm on your son''s application that he is the dependent beneficiary of an I-526 petition and has filed Form DS-260. However, you should also note that his present intent is to return to study/work in the U.S. pursuant to his F-1 visa status and once he is eligible for his immigrant visa, he will depart the U.S. in accordance with F-1 visa guidelines to pursue his immigrant visa process at the U.S. consulate abroad.