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How can I accompany my minor child in the U.S. who has an F-1 visa if I have an approved I-526 application?

I am an EB-5 applicant from mainland China. My 12-year-old child is attending school in the U.S. with an F-1 visa, and I am here with her on an B1/B2 visa. My I-526 was approved last week and my current I-94 will expire in six weeks. After it expires, can I still stay in the U.S. although my EB-5 priority date is not current? If not, are there any other types of visa I can apply for so I can keep staying in the U.S. and take care of my daughter?

Answers

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    For a temporary solution, you may be able to file for an extension of your B-1/B-2 stay while you explore other options for a longer stay in the U.S.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    You cannot legally stay in the U.S. after your B-2 status expires. You need a consultation appointment with an immigration attorney to get legal advice concerning options for you for other visa categories.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You have to have another nonimmigrant visa that allows you to stay. One option some are pursuing is to apply for an E-2 treaty country passport. This is complicated because China does not allow dual passports. With an E-treaty country passport, you might be eligible for an E-2 investor visa if you direct and control a business in which you have invested.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You could file to extend your status, or you could depart and return again, after several months abroad.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    You cannot apply for an adjustment of status until the priority date of B visa bulletin calendar is current. You can seek to file to change the status to an F1 as well, this would require that you study in the US after the F1 change of status is approved.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You cannot stay in the US with only an approved I-526, but generally, parents of minor children on F status can request to extend their B2. Yes, having the approved I-526 may force you to be extra sure you explain you will leave the U.S. later.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You cannot stay in the US on account of an I-526 approval. Perhaps you can go to school yourself.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    I would suggest a consultation to explore options to remain in the U.S. depending on your skills, whether you qualify for an E-2 investor visa or many other options. You can also attend school yourself.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The chance of being able to stay in the US through your child''s F-1 is virtually impossible. Also, even with the possible extensions of your B-1/B-2 visa, as a China national you will not be able to successfully stay long enough in the U.S. because the EB-5 priority date for China is prohibitively long. As to if you may have other nonimmigrant visa options, advisably, consult an immigration attorney for further discussions.

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