My EB-5 priority date is September 2015. If I enter the U.S. with a B visa, and file an I-485 after 90 days or even longer, can I go to school without an F-1 visa?
Answers
Ying Lu
EB-5 Immigration attorneysMost likely if you have filed your I-485, you can go to school without an F-1. Better to check with the international student office of the school.
Lynne Feldman
EB-5 Immigration attorneysYes, you should be able to. But many schools have their own rules about this and may require you to pay foreign student tuition.
Ya Peng
EB-5 Immigration attorneysYes, when your I-485 is pending, you can go to school.
Charles Foster
EB-5 Immigration attorneysYou may not be admissible as a B bona fide visitor given the pending EB-5 petition, but if you were, and you did file an I-485 application to adjust status, you would not need an F-1 visa to attend school.
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf you enter with intent to adjust, that is deemed visa fraud. Arguably you might be able to enter on an F-1 if you fully disclose, but it is tricky to enter on a B-2 with a plan to adjust.
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