My I-526 petition was initially filed in December 2017. I am a non-resident alien.
A request for additional evidence was made by USCIS last year. Last month a response to the I-526 RFE was sent to USCIS. I am now waiting for a decision.
I am interested in pursuing a masters degree and have gotten into some graduate programs that start in the fall this year. At this stage would the issuance of an F-1 visa be possible for me? What is the likelihood that the student visa would be issued to me?
At this stage, would it better for me to defer/cancel my plans for graduate school and should I just wait for a decision on the I-526 RFE?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your green card was notated for consular processing as opposed to adjustment of status, and if you are a good student coming to pursue a serious course of study, you might be able to present a viable F-1 cases showing your intent is to study at this time. We have had great success with many of these cases.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyIt may be a challenge. A consular officer may consider the pending I-526 (and one as far along as having an RFE issued) as possible immigrant intent. If you have a green card delay on top of that, it may help in an argument that you will return home. I would expect a challenge.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyF-1 should be fine (assuming the consulate will be issuing them); you will need to show ties to your COO and you must disclose the I-526 (and state immigrant intent is for a later date).
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt should be possible. You may need to assure them you are consular processing for your immigrant visa if the I-526 is approved.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyWhat is your status now (if you are in the U.S.)?
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