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Questions and Answers > EB-5 Requirements

What is the impact of our EB-5 application to my son's F-1 visa?

I applied for the EB-5 visa about 20 months ago and the approval of my I-526 is still pending. My son got admitted to a U.S. university and he is waiting for his I 20. That means he would apply for the F-1 in May. What will happen to his F-1 visa? Does he have to mention about my pending I-526 application in his DS 160?

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Answers

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    It is OK; Fs are often issued to those with pending I-526s. Answer all questions truthfully.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    He does need to disclose this application but under the regulations can argue that his present intention is to study and the filing of the petition alone should not be a basis for rejecting his student visa if he is a serious student, and can articulate that his purpose is to study. With EB-5 processing taking years and being a lengthy process, we have found most consuls will be fairly lenient with good serious students.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    Your pending EB-5 petition should not affect your the upcoming F-1 visa application of your son. Your son is not the principal I-526 petitioner and therefore does not have to state that he has a pending immigrant visa petition. If the consular officer asks if any of his family members have a pending immigrant visa petition, then he should answer in the affirmative (although this would be rare). Your son would simply want to state that his present intent is to pursue his studies in the U.S. and return home after his studies have concluded.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, he should mention it and indicate he intends to return to consular process.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If the form asks if he is a derivative beneficiary on any visa application, then he must answer that he is, assuming he is under 21.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    It should have little to no impact if the consular process has not started. If he has already paid the DS-260 fee, then he should truthfully disclose it on his DS-160 and explain that the purpose of this particular trip is to study in the U.S., and that he will return to his home country to get his green card.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your son''s F-1 should not be affected because he is not the principal applicant who has filed I-526.