How can I apply for an F-1 visa if I have filed an I-526 application? - EB5Investors.com

How can I apply for an F-1 visa if I have filed an I-526 application?

I am 16 years old from India. My parents want to gift me some money so I can file my own EB-5 application. Given the backlog for Indian investors, I am expecting to get my green card in at least six years from now. Meanwhile, I want to attend college in the U.S. in two years. Will I be able to get an F-1 visa with an I-526 petition?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

You should be able to get an F-1 visa. If you are ready, consult an immigration attorney for the current regulations at the time you want to apply and then review all your options.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

Based upon your facts, you can file an F-1 visa application with the intent to study and then return to your home country after your studies are completed. You can then file your EB-5 petition.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

While not guaranteed, good students are usually able to obtain F-1 visas provided you do not file as an adjustment applicant. Need to show if approved you will apply for your green card abroad.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

Despite a small risk of being rejected due to your disclosed long-term immigrant intent via an I-526 petition, as long as you can demonstrate a short-term non-immigrant intent, you should be able to get an F-1 visa once you obtain an I-20 from a credible U.S. college. You will need to convince the consular in India that after your studies you intend to return to India and opt for consular processing. There is a lot to gain from applying for the I-526 now, as opposed to later. First and foremost, the processing time is a huge consideration. By applying now, you will increase your chances of getting a conditional green card by the time you are eligible for a summer internship or at least after you graduate. This will help you get a job much easier than OPT (optional practical training) will. Equally important is if you could file fast and choose a TEA project, you will be able to get in at the reduced $ 500,000 level as opposed to the $900,000 level after Nov. 21 when the new regulations take effect.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

We&#39ve had many clients successfully obtain F-1s while I-526s are pending. However, adjudication trends are changing daily (for the worse, usually), so one cannot predict how Fs would be handled in two years from now. Under the current laws, a pending I-526 would not prevent you from obtaining an F visa (assuming, of course, all other requirements are met).

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

I will secure the F-1 visa first and while you are in the U.S., you will file for your EB-5. If you do not secure the F-1 visa, then apply directly to the EB-5 visa. Please note that the investment amount will increase from $500,000 to $900,000 in a regional center starting Nov. 21, 2019.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Probably, if you select consular processing for the I-526 and disclose this.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

You may file for an F-1 non-immigrant visa and will have to demonstrate that in spite of your pending EB-5 petition, you still intend to return to India and will not adjust nor be eligible to adjust status in the U.S. while in F-1 status.

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