My EB-5 I-526 was approved in early 2016. My priority date is currently less than two months away, though the wait is likely to be much longer. During this period, I have been a student and on F-1 from different institutions. My F-1 visa from the previous institution has expired and I plan to visit home (China) and renew in-person. My current I-20 states my graduation is in May 2024. Is it risky to leave the U.S. and apply for a new F-1 since my priority date is so close that they might think there is a conflict of intent?
Answers
Lynne Feldman
Immigration attorneysSome risk but so long as I-526 was set up for consular processing, you can indicate that as your intent to return.
Dennis Tristani
Immigration attorneysMany of my clients have successfully renewed their F-1 visas with a pending I-526 so long as they are pursuing a legitimate course of study and can confirm that they will depart the U.S. to pursue consular processing for their immigrant visa. In your situation, there is more risk involved given your priority date - the conservative approach would be to stay in the U.S. and potentially adjust status once your priority date is current pursuant to the dates for filing chart.
Ying Lu
Immigration attorneysYes, it is risky if you plan to apply for adjustment of status (I-485) when the priority date becomes current. Your F-1 visa may be denied due to your immigrant intent.
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