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?
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.
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.
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.
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.
We've 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).
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.
Probably, if you select consular processing for the I-526 and disclose this.
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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