How can I stay in the U.S. with an approved I-526 and an expired F-1 visa? - EB5Investors.com

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

Salvatore Picataggio

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

You can&#39t 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

Hassan Elkhalil

Immigration Attorneys
Answered on

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!

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

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.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

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.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

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

Vaughan de Kirby

Immigration Attorneys
Answered on

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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Change status.

Mark AM Catam, Esq

Mark AM Catam, Esq

Immigration Attorneys
Answered on

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

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