How would disclosing to colleges I am applying to that I have a pending EB-5 case affect my chances of getting accepted?

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I am applying to US colleges as an international student. I expected to hold a green card by now since my family submitted our EB-5 application back in 2019, but our case is still pending. How could our pending case conflict with the issuing of an F-1 visa, since to get an F-1 visa, you should not have intentions of immigration? There is a section on Common App that asks whether I intend to have a certain type of visa in the future. I initially wrote that I have a pending EB-5 case, but I am worried that colleges would not want me since they are afraid they would not be able to get me an F-1 visa, which I might have to get since my EB-5 case might not be processed in time for college. What should I say in this case to increase my appeal to colleges?

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Answers

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on October 31, 2023

I would be more concerned that you honestly disclose to the consulate when getting the F-1 visa that you have an immigrant visa pending. Best to set up the I-526 for consular processing so you can show the consular officer your intent to return. For the college, you can say you are trying to increase your skills to be more productive when you are able to move to the U.S. with a green card but you understand you will need to return for consular interview.

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on October 31, 2023

Immigration lawyers have no special knowledge of what factors colleges use to decide whether to admit students.

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