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
Daniel A Zeft
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyWe 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.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt 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.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYour 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.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyIt 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.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyFiling the EB-5 does not violate your F-1 status.
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