I’m in the process of preparing for EB-5 immigration, but my F-1 visa is nearing its expiration, and I plan to change my status to F-2. Is it possible to submit Form I-526 while Form I-539 is still pending? If not, what is my best course of action?
Answers
Steffanie J Lewis
Find an EB-5 Visa Lawyer: Immigration AttorneyYes. File your I-526 and file I-539 to change status from F1 to F2.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYes you may file both and have both pend together. If you file for the I-485 adjustment as well that does convey immigrant interest so may be a problem if you decide to travel outside the U.S.
Marko Issever
EB-5 Broker DealersMy recommendation is to file the EB-5 (I-526) concurrently with the adjustment of status while your F-1 is valid. You can also file EAD and AP, making four applications all at the same time. If that is not possible, wait to change your status to F-2 and then file for EB-5 (I-526) concurrently with the adjustment of status and EAD & AP. Best of luck!
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may submit I-526 if you timely filed COS to F-2.
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