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How could a pending EB-5 application impact my J1 and F1 visa applications?

Two months ago, my parents filed an EB-5 application. I am the dependent. Meanwhile, I am going to do an internship at a public university in United States this summer under a J1 visa. After that I am planning to work on a master’s degree, which will require a F1. Could my J1 and F1 applications be impacted because I am a dependent of a pending EB-5 application?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An EB-5 case is an immigrant case, i.e., an I-526 is an immigrant petition expressing immigrant intent, at least for the petitioner himself or herself. Most non-immigrant visa/status holders must demonstrate that they are not intending immigrants to the United States. The fact that you are a dependent and not the petitioner in an EB-5 case, however, means that you have not filed a petition and therefore you can truthfully answer "no" to this question: "Have you ever filed an immigrant petition?" You should consult with an experienced immigration attorney to assist with filling out the actual J-1 and F-1 visa applications.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are under 21 and a dependent, the Department of State has indicated you do not need to disclose the immigrant visa petition on your application, although we always encourage clients to be forthright and honest in interviews, as it is best and right. An immigrant visa petition is an expression of intent, so you need to be able to show you intend to return home, especially if the EB-5 is not approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    An I-526 petition by itself may be fine for you. After an I-526 approval you still need to take the steps to apply for the green card, which you can delay if necessary.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    As a derivative applicant, since you are not the principal applicant, it should not affect your ability to apply for the J-1 and F-1.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Having an EB-5 petition filed/pending listing you as a derivative dependent should not affect on your ability to obtain J-1 or F-1 non-immigrant visas since you are not the principal applicant of the EB-5 immigrant petition.

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    Charles Foster

    Immigration Attorney
    Answered on

    It could be impactful, but not a given, since you are not the primary applicant.

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    Robert West

    Immigration Attorney
    Answered on

    They can, as you can't be an intending immigrant with those two visas.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Because you are not a principal EB-5 investor who has a pending EB-5 petition, your J-1 or F-1 application should not be affected, assuming you otherwise qualify.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, being a dependent of an EB-5 application should not affect the non-immigrant academic applications such as J-1 and F-1.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Derivatives do not have any immigrant petition pending in their own names. Thus, when the forms ask whether you have an immigrant visa application or immigrant petition pending, your answer is truthfully no. Also, if you intend to join your parents when they go for the immigrant visa interview after I-526 is approved, then you could tell them that at the F-1 or J-1 visa interview. Any lawyer will tell you not to volunteer any information that is not being specifically asked to avoid causing unnecessary confusion or misunderstanding.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    It should not be a problem.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Possibly, but you should be sure they indicate on the I-526 that you will consular process so you can use that as proof of your intent to return.

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