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Can I hold an F1 student visa and a EB-5 visa at the same time?

I would like to return to the U.S. for my studies asap. Given that my EB-5 interview has been approved, can I return to the U.S. under my F1 Visa. I will wait for my mother to come to the U.S. before ''activating'' my EB-5 visa. From my understanding, my mother filed the EB-5 application, so I can not activate my EB-5 visa without her.

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    That should work but you would need to return to consular process your immigrant visa. Wouldn’t it be easier to have Mom enter the USA so you can be a conditional resident as well (even if she needs to return abroad)?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your mother is the principal, she must enter the U.S. first. The chances of getting a student visa after successfully interviewing for an EB-5 are less, although with the sunset, if your mother has not been interviewed, hers will be delayed.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Based on the fact described, yes, you can use your current F1 visa to return to your studies in the U.S. After your mom receives her immigrant visa, she needs to come to the U.S. and you can then file for adjustment/follow to join.

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    Stephen Berman

    Immigration Attorney
    Answered on

    I expect it will be hard to convince the CBP officer that you do not intend to immigrate to the U.S. under the circumstances.