I am an EB-5 applicant from Mainland China whose I-526 was approved in Sep. 2016. I am still waiting for my priority date. I am currently working in the US on STEM OPT, and I recently got accepted to a master’s program in the US for this upcoming fall. Will there be any issues if I go back to China to get my F-1 visa renewed this summer, while my EB-5 application is pending? Are there any risks I should be aware of?
In reality, most consulates have been generous in issuing F-1 visas if you can show serious student intent and that the master''s degree is part of your academic advancement schedule, not a way to stay in the US. The consulate will evaluate your intent at the time of application so if you explain that you plan to adjust status, for example, that would negatively impact your case.
While the F-1 visa is a non-immigrant visa and the I-526 process inherently involves immigrant intent, many of my clients have successfully renewed their F-1 visas when their I-526 is pending. If you are pursuing a legitimate master''s program and you confirm in your DS-160 and to the officer that your present intent is to continue studying and if and when your I-526 is approved you will depart the U.S. for consular processing abroad, the consular office may approve your F-1 visa. It is important to note that the office can deny your F-1 visa due to "immigrant intent" but in practice, I have rarely seen this with EB-5 applicants who have strong financial backing and are not trying to misuse the F-1 visa.
The risk is that they could determine you are an intending immigrant, which is not allowed for F-1 visa issuance.
Possible conflicting intent but if your I-526 was set up for consular processing, should be ok.
