I am the principal of the EB-5 application. My family has just passed the EB-5 interview and we are supposed to receive the immigrant visa in the next 10 days. My wife and I plan to move to live in the U.S. in the next 5 months. Is it possible for my son to fly to the U.S. right now with his F-1 visa to continue his studies (he has been studying in a U.S. college since August), then 5 months later fly back to our country and go to the U.S. again with us? What would be his best course of action?
If your son is in possession of a valid immigrant visa as well, I advise you all to enter the US now, and advise against your son seeking to enter as a student when in fact he is already an immigrant. What you propose is risky and you need to all enter the US together now.
Have your son return to classes on his F-1 visa. When he crosses the border he MUST intend to return 5 months later to enter with family as immigrants. Later your son may change his mind about returning and entering with the family. Alternatively, your son can enter on his immigrant visa as soon as it arrives and attend classes. He will no longer need the F-1 visa.
After your son receives his immigrant visa, he should fly to the U.S. and seek to be admitted as a permanent resident. He should attend college now as a permanent resident and not as a foreign national in F-1 status.
Yes, he can do that. Or he can file to adjust status after the family immigrates.
Whoever is the principal must enter the U.S. first - you may then return overseas. All must enter before the immigrant visa expires.
