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How can I stay in the U.S. with an approved I-526 and an expired F-1 visa?

I am an EB-5 investor from Vietnam. I have an approved I-526 but I am still waiting for my priority date to become current. My F-1 visa and I-20 will expire in 8 months. After these documents expire, can I stay in the U.S. since I have an approved I-526?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on September 4, 2019

  Unless you re-up your studies, only filing an I-485 could keep you in the U.S., which requires a current priority date.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 29, 2019

  No, the approval of the I-526 does not allow you to stay in the U.S. You will have to obtain status via a different category.

• Stephen Berman

  Immigration Attorney

  Answered on August 26, 2019

  Change status.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on August 26, 2019

  Unfortunately, the approved I-526 does not give you any lawful status.

• Marko Issever

  EB-5 Broker Dealer

  Answered on August 26, 2019

  No, you cannot. Unfortunately, you need a valid visa at all times to stay in the U.S. That is because an approved I-526 that cannot be followed by adjustment of status, due to retrogression, will not help you. That said, you have many options. Before your F-1 visa expires, if you have not used your optional practical training (OPT) right yet, try to get a job and use the OPT. If not, as long as you continue your studies and get another I-20 from another school, your visa will be renewed and you will not be out of status.

• Vaughan de Kirby

  Immigration Attorney

  Answered on August 26, 2019

  No, unfortunately your approved I-526 will not provide you with valid immigration status. I suggest you consider expanding your education goals to obtain a new I-20. Make an appointment with your university foreign student advisor who may be able to advise you on the best path to remain in status. You should also consult with a qualified immigration attorney.

• Charles Foster

  Immigration Attorney

  Answered on August 26, 2019

  Only if you maintain your valid non-immigrant status. You could extend your F-1 status before your OPT status by continuing your education or change to other viable non-immigrant status, but it may be difficult.

• Julia Roussinova

  Immigration Attorney

  Answered on August 26, 2019

  You have to maintain an underlying non-immigrant status to be able to adjust status in the U.S. when your I-526 petition priority date becomes current. Approved I-526 petition does not give you any status nor employment authorization. If you fall out of status, you will not be able to adjust and will start accruing unlawful presence. Continue going to school full-time or consider other options, such as the H-1B visa, etc.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on August 26, 2019

  You can't stay in the U.S. with an expired F-1 visa even though your I-526 petition has been approved. Otherwise, you will be deemed to be out of status and it may negatively impact your EB-5 petition.

• Hassan Elkhalil

  Immigration Attorney

  Answered on August 26, 2019

  Get a new I-120 and continue to study until the priority date is current. You may also consider the OPT or change to B-1/B-2 visa!