I’m currently in the U.S. waiting for my EB-5 petition to be approved. Both I-526E and I-485 were filed concurrently. EAD is awaited as well. My daughter is going to join an undergraduate program shortly. Can she get admitted as an in-state student in this status? I don’t think we can get an F-1 for her. We do not have any other valid non-immigrant visa at this point.
Answers
Lynne Feldman
EB-5 Immigration attorneysUp to the school, but they likely will want her EAD card.
Ira Azulay
EB-5 Immigration attorneysThis question requires more information, and the answer may depend on the state/school.
As an applicant for permanent residence, she can maintain a non-immigrant status, but to get a student visa now, she would need current valid underlying non-immigrant status. If that ahs lapsed then it is not possible.
In terms of being able to study, most schools would allow her to be a student, but what tuition they would charge and what they would consider for in state status varies.
Please let me know if you would like to discuss this further.
Dennis Tristani
EB-5 Immigration attorneysYes, you can attend college if you are in the U.S. lawfully pursuant to a period of authorized stay based on a pending I-485.
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