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How can I apply for an F-1 visa with an approved I-526?

I am an EB-5 Investor from mainland China with a priority date in August 2015. I am currently in the U.S. on OPT extension. If I want to pursue an MBA degree after my OPT extension expires, will the approved I-526 affect my new F-1 visa application?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It can be done, even though there may be a few questions raised because of your I-526. However, you should work with the foreign/international student advisor at the school you are intending on the necessary steps to handle this type of situation.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As long as you can demonstrate that your present/current intent to apply for the F-1 status is to continue studying in the U.S. with the future intent for permanent residency, you should be fine. You have the burden of proof to show nonimmigrant/temporary intent at the time of filing with documentation of life abroad and financial capabilities.

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    Stephen Berman

    Immigration Attorney
    Answered on

    An F1 is admitted for the duration of status, so if you are an F1 now, you will not be filing any applications to change status.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    F visas are getting hard to get regardless, so you will be looked at very carefully for immigrant intent. The officers might question your priority date being current when you are here as a nonimmigrant, which will give rise to many issues about your intent.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    You would have to overcome the presumption of immigrant intent. If you are enrolled in a degree program and can convince the consulate you will return to China and apply for an EB-5 visa at the consulate when your priority date is current, you have a chance. However, it is not at all guaranteed. You should hire an immigration attorney to help prepare the application and give you the best chance.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It will need to be disclosed and you will need to convince the consular officer of your intent to return to consular process your immigrant visa when the time comes and to return at the end of your F-1 if still not current.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The pending I-526 is an indication of your future immigrant intent. It is possible, however, for you to demonstrate that you are a bona fide student and that the priority date for mainland China is not yet current and may have significant waiting time due to retrogression. As long as you have sufficient ties to your home country and the present intention to be a temporary bona fide student, you still can receive your F-1 student visa. You must convince the consular officer that you intend to return to China for your immigrant visa processing if/when your priority date becomes current.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are on OPT, you are still in student status. You can get an I-20, provided that there is no unacceptable gap between the end of OPT and the start date of your new program. Then you can transfer your F-1 status. You only need a new visa if you seek to travel abroad.

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