I am an EB-5 visa applicant, and my I-485 application has been approved. I am now waiting for approval of the I-829. Can I still keep my F-1 status during this time? Or my F1 status has become invalid after I-485 is approved?
Answers
Jimena G Cabrera
EB-5 Immigration attorneysUpon approval of your adjustment of status application, you acquired conditional permanent resident status and will no longer be eligible to maintain F-1 status.
Natalia Morozova
EB-5 Immigration attorneysOnce your I-485 application is approved, you become a lawful permanent resident (LPR) of the United States. As a result, your F-1 student visa status becomes invalid because you cannot hold both nonimmigrant (F-1) and immigrant (LPR) status simultaneously.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysYou are now a resident… you cannot keep your F status.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysOnce your I-485 is approved, you become a green card holder. You can have a nonimmigrant visa then.
Jason Feldman
EB-5 Immigration attorneysWhen the I-485 is approved, you become a permanent resident. As a result, you automatically transition out of your nonimmigrant F-1 status to the immigrant status of permanent resident. If for some reason the I-829 is not approved and your permanent residency is revoked (or if you relinquished your permanent residency), then there could be options to get back into a nonimmigrant status.
Lynne Feldman
EB-5 Immigration attorneysIt has become invalid as you can’t be both a nonimmigrant and an immigrant at the same time.
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