How can our EB-5 application and the F-1 renewal of my son be processed at the same time? - EB5Investors.com

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

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

As long as you are upfront about it, should be fine - indicate he will be returning for immigrant visa interview.

Dennis Tristani

Dennis Tristani

Immigration Attorneys
Answered on

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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.