What is the impact of an F-1 status in terms of switching to an EB-5 visa? - EB5Investors.com

What is the impact of an F-1 status in terms of switching to an EB-5 visa?

I am an international student currently on an F-1 visa status. I am curious about the reforms made in the EB-5 visa in 2022. The idea is that my dad can gift me the funds to use for EB-5 investments. Would this work? How would I go about searching for the right project? Would it be faster to go from F-1 to EB-5 when compared to someone outside the U.S.? Would I be able to bypass the India backlog as an F-1 visa holder?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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There is no India backlog yet. If you are in valid status and your father gifts the money, you can file for concurrent filing and get your green card in the US - it is hugely beneficial to apply in the US. A good immigration lawyer can guide you through the entire process.

Lynne Feldman

Lynne Feldman

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Yes this can work but you need to maintain status at least until your I-485 can be filed and preferably until PR is granted.

Dennis Tristani

Dennis Tristani

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If you are in the U.S. in valid F-1 status, you can pursue an I-526 (EB-5) petition and concurrently file Form I-485 to adjust (change) status from F-1 to green card while in the U.S. This is a very advantageous process that has numerous benefits in terms of work and travel flexibility. I strongly recommend speaking to an immigration attorney concerning the EB-5 visa process.

Daniel A Zeft

Daniel A Zeft

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Your questions have involved answers. You need legal advice concerning the pertinent issues for a citizen of India who is in the U.S. as an F-1 student and who seeks to become a U.S. permanent resident as an EB-5 investor.

Sunwook Sunny An

Sunwook Sunny An

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The biggest reform that was made of EB-5 legislation was the ability to file I-526 immigrant petition and I-485 adjustment of status concurrently. So, as you are already in the country with F-1 status, you could do this. There are several regional centers with great track records that have open projects. Please consult with an experienced EB-5 attorney on details of how to go about doing your case.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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Yes to a gift, yes to bypassing the backlog, yes to faster processing while you are in the US. My advice is to get an attorney who can advise you about EB-5 and help you navigate the project selection process.

Benjamin Hu

Benjamin Hu

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The F-1 to EB-5 Adjustment of Status process is helpful if your goal is to remain in the US even if a future waiting list appears for the EB-5 category of your nation. It will not allow you to bypass the waiting list, but it will allow you to remain in the US after the end of your F-1 studies to await your EB-5 priority date. The rule is: if you file your EB-5 petition on a date when your birth nation has no waiting list, you are also allowed to file the I-485 Adjustment of Status application. A properly-filed I-485 itself allows you to remain in the US to await its adjudication, without accumulating any "unlawful presence". Even if a future waiting list appears, your pending I-485 would still be effective in letting you remain in the US. You can also apply for work authorization and advance parole travel documents along with the I-485. These options are not generally available to anybody filing from outside the US who was born in a waitlisted nation. Under current EB-5 rules, an investor is allowed to receive gifts and then to use the gifted funds as their investment capital. However, the donor will need to provide documentation about how they lawfully acquired the gifted funds. It is recommended to consult with an experienced immigration attorney to plan out your US investment immigration journey ahead of time.

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