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How can I apply for EB-5 with a pending F-1 status reinstatement request?

My F-1 status was terminated in October 2019 because I did not enroll in classes due to a personal emergency. I applied for the reinstatement of F-1 status in February 2020. I also want to apply for EB-5 soon. Can I apply for EB-5 while the reinstatement request is pending? Should I wait for USCIS to respond to the reinstatement request before applying for EB-5?

Answers

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    You should apply for EB-5 now, as they take a long time to approve these cases. If your reinstatement request is not approved, you should leave the U.S. before you start to accrue unlawful presence.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You could apply for the EB-5 while the reinstatement of status application is pending.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You could probably be safer by waiting.

  • Avatar

    Jan Pederson

    Immigration Attorney
    Answered on

    The answer to your questions depends entirely on your country of birth and citizenship. Reinstatement applications take forever and few are approved. It is risky. Depending on all the facts in your case, your best strategy may be to depart and obtain a new admission.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can apply for EB-5 even though your reinstatement of F-1 is pending. However, in order to win your reinstatement case, make sure you remain in school.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    You can seek an EB-5 visa. It may be a couple of years before the petition is approved. At that point, you will need to decide whether you can apply within the U.S. for the green card or apply overseas at a U.S. embassy. The questions regarding your reinstatement request concern your maintenance of lawful nonimmigrant status. It is best that you speak with an immigration law specialist to understand what your immigration legal obligations are regarding your current nonimmigrant status.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You may apply for the EB-5 while reinstatement is pending, but if denied, you need to go home immediately. You may want to get a new I-20 and come back and not wait for the reinstatement decision.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You probably should wait to see what USCIS decides on your reinstatement request. You can begin preparations for the EB-5 case while waiting.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    F-1 reinstatement is very hard and is often rejected even when it is not your fault. It may be better to get back in status first by applying for a new visa at a consulate abroad.

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