How can I terminate my F-1 status if I have pending EB-5 receipts? - EB5Investors.com

How can I terminate my F-1 status if I have pending EB-5 receipts?

As an EB-5 investor currently residing in the U.S. on an F-1 visa, I submitted my I-526E in November concurrently with I-485, I-131, and I-765. Shortly thereafter, I received an unofficial I-526E receipt indicating the investment type as High Unemployment Area. I am still awaiting the formal notice from USCIS. Towards the end of November, I received receipts for I-485, I-131, and I-765. My question is whether I can discontinue my studies, inform my school of my decision, and remain in the U.S. while my I-485 and I-526E are pending?

Answers

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Technically yes, as you are in a period of stay authorized by the Attorney General, but the most conservative position is to maintain nonimmigrant status (F-1 or otherwise) until your permanent residency is actually granted. Up to you.

Benjamin Hu

Benjamin Hu

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

A properly filed I-485 will allow you to remain in the US without accruing unlawful presence, even if your previous F-1 lawful status terminates. This is a period of authorized stay, which is less formal and less robust than a lawful status, such as F-1. Once you receive your I-131 Advance Parole, you can also leave and reenter the U.S. and once you receive your I-765, you may accept lawful employment regardless of relevance to your studies. One risk worth noting is: if anything goes wrong with the I-485 adjudication and it is denied, then the period of authorized stay will end. If you do not have another lawful status to support you, then you will begin to accrue unlawful presence. Some F-1 students prefer to keep their F-1 status for this reason, even with an EB-5 I-485 pending. It is recommended to consult with an experienced immigration attorney for advice specific to your circumstances and plans.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, you can do that and still be allowed to remain in the U.S. assuming you were eligible to file for adjustment.

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.