How can I reenter the U.S. with my EB-5 I-485 pending, AP approved, and an active F-1 visa? - EB5Investors.com

How can I reenter the U.S. with my EB-5 I-485 pending, AP approved, and an active F-1 visa?

I’m currently on EB-5 Change of Status (I-485 pending) with an approved Advanced Parole and an active F-1 student visa with a non-expiring I-20. I visited my family overseas. Could I return to the US with my F-1 visa without showing my Advanced Parole to keep my F-1 status? Alternatively, if I show both Advanced Parole and F-1 visa, would I be able to keep my F-1 status and apply for OPT in the future?

Answers

Matthew Kolodziej

Matthew Kolodziej

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You cannot maintain F-1 status while your I-485 is pending. An I-485 is an application to immigrate to the US (to get residency or a "green card") and F-1 student status is strictly non-immigrant (temporary). However, you are allowed to study while your I-485 is pending and can travel and work if you have advanced parole and a work permit.

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You should use your advance parole document to enter the US while your I-485 is pending.

Steffanie J Lewis

Steffanie J Lewis

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Answered on

By filing I-485 you declared your intention to be a U.S. permanent resident. That intention is contrary to F-1 intention to maintain residence abroad and return abroad when studies are completed. You must travel on your advance parole.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You need to show the advance parole as you may be denied on the F-1 now that you have indicated immigrant intent with your I-485 filing.

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