+1-800-997-1228
Questions & Answers

How can a pending EB-5 application impact my current F-1 status?

I am an international student with an F-1 visa. I have also submitted an EB-5 application that is still pending. How can this impact my current F-1 status? One immigration attorney warned me against all international travel as I can be denied entry back to the U.S. because my EB-5 application demonstrates my immigration intent, which goes against the non-immigration intent of F1. Is it true?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    The pending I-526 petition may or may not be a problem if you seek to be readmitted to the U.S. in F-1 status. When you go through primary inspection with the CBP officer, the I-526 petition may or may not be in the computer records that are checked during primary inspection.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    It is true but you can set up your I-526 for consular processing and then if you have to travel, you can cite that as evidence you will return abroad.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    We have filed numerous EB-5 petitions and have not seen U.S. immigration denying entry to international students returning to the U.S. because they have filed an EB-5 petition.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Filing the EB-5 does not violate your F-1 status.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It may. Technically it is an immigrant petition. But also, you can very much get the immigrant visa at a consulate and not adjust in the U.S. So maybe on that entry, you would not have immigrant intent.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Your intent at the time of admission request governs. In major ports of entry, officers are generally trained well and would understand this distinction - future immigrant intent versus present nonimmigrant intent. Your attorney can prepare you further but plan to enter in California or New York to be safe.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.