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How could a pending I-526 case impact my ability to get an F-1 visa?

I submitted my I-526 case six months ago. I want to attend college in the U.S. next fall. Will I encounter any issues at the U.S. consulate in my home country when I apply for an F-1 visa due to my pending immigrant application?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need to prove to the consulate you intend to go home after completing your studies. If you a good and serious student and since your petition has not been approved, you may be able to show the consulate that your purpose in seeking to enter the U.S. is primarily to study and that you will not adjust status in the U.S. You should still have a chance at obtaining a U.S. student visa.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You will not be able to prove non-immigrant intent if you filed an application to immigrate.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    It is possible that a pending I-526, which shows your immigrant intent, would be the grounds of an F-1 denial. However, this depends on the post and your area of studies. If you have an I-20 from a respectable institution in real degree-seeking program (i.e., not an ESL cert) you have a higher chance of getting the visa. You should be prepared to answer questions regarding your "current non-immigrant intent." In other words, you are coming to the U.S. now in order to study and you will return to your country before you apply for an immigrant visa. We've had several clients receive F-1s while I-526 is pending, but you should be prepared to answer questions about ties and intent.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It's technically an immigrant petition, so you may. But also the I-526 by itself gives you no immigration benefit, so you may be fortunate and get through. New F-1 requests have been tough throughout the last few years regardless, so an attorney's representation may be helpful for you.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You will have to disclose that there is a pending immigrant petition (filed under the EB-5), but, as long as you can show with solid evidence that your current intent is to study (F-1) with future intent for immigrant processing, you may be able to obtain the F-1 status.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may unless you demonstrate strong home times to your home country. If you indicated consular processing on your I-526 petition, this should be emphasized to the consular officer as well.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    My clients have done this with success. But I have heard of other who were denied do to the pending EB-5. Did you ask your own lawyer about this? He or she is much closer to the situation.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    A pending I-526 application by itself should not be cause for denial of an F-1 visa. You are allowed to have a short-term, non-immigrant intent of U.S. education while maintaining a long-term immigrant intent to the U.S., which you disclosed by filing your I-526 petition. You need to have enough evidence in your F-1 student visa application to convince the consular officer that at the termination of your studies in the U.S., that could include OPT, you plan to return to your home country and wait for your I-526 to be approved there. This could be challenging at times due to the Immigration and Naturalization Act (INA) statement under Section 214b that says, "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a non-immigrant status." That said, as long as you still have strong ties back home, and sufficient funds to cover your educational expenses you should be OK.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Conflicting intent. You will need to convince the consulate you intend to return home to consular process your immigrant visa.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The fact that you have a pending I-526 petition should not prevent you from securing an F-1 visa. Go ahead and proceed with your F-1.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Normally because you have a pending immigrant visa application, it is difficult to obtain a non-immigrant visa, i.e., an F-1. However, I have seen embassies issue visas in similar situation. I guess it is a matter of luck!

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