Questions and Answers > EB-5 Investments

How can I take college courses while applying for EB-5?

If I am applying for an EB-5 visa, will I be able to pursue college courses at universities like UCLA? Should I apply for a student visa before I apply for EB-5? What would be the best way to take college courses while applying for the EB-5 visa?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on March 5, 2014

  Yes, it may be best to apply for an F-1 visa first. This may allow you to enroll in college courses.

• Salvatore Picataggio

  Immigration Attorney

  Answered on December 11, 2013

  Applying for the student visa first may be the better option. Otherwise, you may run into the problem of dual intent. The EB-5 program is for permanent residency. The F visas are for temporary visits. One of the requirements for the F is to show intent to return to the home country. How can one show that intent with a concurrent process to obtain U.S. permanent residency?

• Shahzad Q Qadri

  RC Creator

  Answered on December 11, 2013

  Yes, provided you have a valid visa that allows you to remain the United States. If you want to attend school, we recommend that you obtain an F-1 visa before applying for an I-526.

• Jeffrey E Campion

  Immigration Attorney

  Answered on December 9, 2013

  The best manner to proceed is to file for the student visa. Then, if you decide to file for the EB-5, you may.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on December 9, 2013

  EB-5 is an immigrant classification and the end result is a green card. The initial application for EB-5 classification is the I-526 petition. A pending I-526 petition does not give any immigration benefits or rights to stay, study or work in the United States. In order to study in the U.S. as a full-time student, you need an F-1 visa. Once the I-526 petition is approved, if you are in the United States in valid nonimmigrant status, you may apply for adjustment of status, which would include the right to pursue college courses, to travel abroad and to work (once you receive work and travel authorization).

• Ying Lu

  Immigration Attorney

  Answered on December 9, 2013

  I will suggest you apply for the student visa first, begin the college study in the United States, file your I-526, and then apply for the adjustment of status in the United States after the I-526 is approved.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on December 6, 2013

  You need to get an F-1 student visa and prove you intend to return home upon completion of studies. Filing for a green card via EB-5, will make that more difficult. If you need to be in the U.S. first you need to secure a viable non-immigrant visa.

• A Mina Tran

  Immigration Attorney

  Answered on December 6, 2013

  The best way to be a student while your EB-5 petition is pending is to get a student visa.

• Ed Beshara

  Immigration Attorney

  Answered on December 6, 2013

  The filing of the I-526 petition for EB-5 status does not authorize the EB-5 investor to stay in the U.S. To stay in the U.S. and attend school one needs to be issued a student F-1 visa. The F-1 visa is a temporary visa and should be applied for before the filing of the I-526 petition as the F-1 process is a quicker way to obtain a visa for entry into the U.S.

• Kripa Upadhyay

  Immigration Attorney

  Answered on December 6, 2013

  The answer would depend on whether you are in the U.S or what visa you have now. Typically to enter the US to study, you must have a Student Visa. If you are already in the U.S on a dependent visa (ex:H-4/L-2) some schools allow you to enroll for short term courses without needing to change status.

• Vaughan de Kirby

  Immigration Attorney

  Answered on December 6, 2013

  You will need to maintain status and in all likelihood the best alternative would be as a student with an F-1.

• Dale Schwartz

  Immigration Attorney

  Answered on December 6, 2013

  Apply for the student visa BEFORE applying for the EB-5. Let us know if we can assist you.

• Jinhee Wilde

  Immigration Attorney

  Answered on December 6, 2013

  If you are currently here in the U.S., you should do what you need to so that you could maintain your status, including enrolling in a college and getting/maintaining F-1 status. If you are outside of U.S., you may wish to go through the EB-5 process and then enter with an immigrant visa. After you are here as a Legal Permanent Resident, you could do whatever you wish, including going to school and receive in-state tuition benefit if you live in that state. As F-1 student visa is a non-immigrant visa, you are not supposed to have immigrant intent. As each person's circumstances and cases care different, you should consult an experienced immigration lawyer to discuss best strategy for you based on your particular circumstances.

• Lynne Feldman

  Immigration Attorney

  Answered on December 6, 2013

  Get a student visa first.

• Joseph Best

  Immigration Attorney

  Answered on December 6, 2013

  They are two entirely different sorts of visas one immigrant and one non-immigrant. You should hire a qualified immigration lawyer to navigate these issues. There is not a per se bar to getting a student visa while seeking an EB5