How can I apply for F-1 student visa if my EB-5 visa is in process?
First, it is important to know that when filing an I-526 petition, you are showing an immigrant intent. When filing an F-1 visa petition, you must show a clear intent to return to your home country once you have culminated your education. You may certainly apply for an F-1 visa. However, a conflict of intent between both petitions may hinder the likelihood of an F-1 visa approval.
I am not very clear as to what you mean by "how." But if you are asking if there are any restrictions per se, there are no prohibitions that preclude you form applying for an F-1 while your EB5 is pending.
It may be difficult to obtain F-1 visa approval if your I-526 petition is already pending. F-1 requires nonimmigrant intent (temporary stay in the US and ties to your home country) while upon filing of I-526 petition you show that you intend to immigrate to the US. If you have not filed I-526 petition yet, it may be prudent to obtain F-1 visa first and then explore your EB-5 visa options. Please do not hesitate to contact our office should you have any questions.
You can apply for the F-1, but in order to qualify you must show that you do not have immigrant intent. If you are the petitioner on the I-526 petition, it will be difficult because you already have shown immigrant intent by filing the petition. If the petitioner is your spouse or parent, then you may be okay because the I-526 petition does not belong to you, and you can apply for the F-1 student visa (if you otherwise qualify) and then decide later about your intention to immigrate or not.
You would apply for the F-1 as any other nonimmigrant would. The issue at the consulate will be convincing the consulate you intend to return at the end of the F-1 to process for the EB-5 overseas. The I-526 has a place to indicate where you will process so include this with your F-1 application along with the usual strong ties overseas and reasons why you need to go to school in the U.S. rather than in your own country (You may be able to tie this into the EB-5 case and developing skills to run your business.)
An F-1 visa requires nonimmigrant intent, that is, that the applicant has not and has no intention of abandoning his/her residence abroad. However, the EB5 is an immigrant process, and one who has begun it would likely find it difficult to succeed on the issue of nonimmigrant intent. There are ways to deal with this situation.
If the I-526 petition is pending you may apply for a student F-1 visa at the U.S.consulate to enter the U.S.for a temporary period of time to complete your studies and then return to your home country. Once the I-526 petition is approved you are immediately entitled to obtain your conditional permanent residency and therefore the U.S.consulate is unlikely to grant your F-1 student visa which is a temporary intent visa that will contradict your intent to be a conditional permanent resident.
Because you have expressed an immigrant intent by applying for EB-5 immigrant benefits, it is doubtful that you will be approved for F-1 visa because F-1 visa carries with non-immigrant intent and conflicts with your earlier immigrant intent.
If you have already submitted the I-526 petition, you will not be able to get an F-1 visa due to your immigrant intent.
An F-1 Visa is a nonimmigrant visa. This means you must show clear intent to return to your home country at the end of your studies and binding ties to your home country. Since an EB-5 visa is an immigrant visa, meaning you have intent to remain in the U.S., it will be very difficult to show you can also meet the requirements of the F-1 or any other nonimmigrant visa. We recommend retaining experienced U.S. Immigration counsel to assist and represent you to create an approvable Immigration plan.
You can''t. But you can apply for admission to a U.S. college or university that has an approved international student program.
The same way you would apply otherwise. You still need to prove you don''t intend to immigrate to the US.
If your EB-5 visa is in process, you can''t apply for a student visa because the student visa will not be granted when you have an immigrant intent.
This will be difficult as you have manifested your intent to immigrate through filing the Form I-526. The F-1 student visa is a non-immigrant visa, and the government may not issue you the F-1 visa because you no longer hold non-immigrant intent.
Depending on where in the process you are with your EB-5 this may be difficult due to the fact that you have shown immigrant intent , you should consult with your EB-5 counsel on your options and strategies for residing in the U.S. while this process is underway.
