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How can I combine applications for F-1 and EB-5 visas?

I am 18 years old and planning to study in the U.S. from 2022. Can I apply EB-5 visa now? If my EB-5 application is in process, how can I also apply for an F-1 visa to study in the U.S.?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can apply for both, but an F-1 nonimmigrant visa requires that you demonstrate you are not an intending immigrant. Therefore, the order in which you apply for the F-1 and the EB-5 could be significant.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The student visa requires proof that you have a home abroad to which you return and the filing of an application for a green card shows an indication you want to stay, but my experience is most consuls are very reasonable and will issue student visas even if the EB-5 visa petition is on file. Be sure to indicate that you plan to apply for a green card abroad and not adjust in the U.S. Also, if true you need to clearly explain that you plan to return after your studies and are not going to stay in the U.S. regardless. Consuls want to make sure you will comply with the rules and if you a good student, most will issue a student visa.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, this is doable. Set up the I-526 for consular processing; you can change later to adjust status if still in the U.S.

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    Linda Liang

    Immigration Attorney
    Answered on

    The EB-5 visa is an investment immigration visa, i.e, green card. It takes a while and is not suitable for the purpose of coming to study abroad. If your objective is to come to the U.S. to study, you should apply for an F-1 visa. If you are considering a green card as well, you should start the EB-5 process simultaneously or after the EB-5 process.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It is not likely you will get an F-1 visa if you have filed an application for an immigrant visa.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes and yes. No guarantee ever that a consul will give you a student visa, but you clearly are eligible for it.