I want to ensure I am 100% ok before I apply for the EB-5 visa by the time I finish my PhD (in three years). But, what would happen to my EB-5 application and investment if I apply before completing my studies and for some reason my F-1 gets revoked?
Answers
Lynne Feldman
Immigration attorneysYou would need to either leave the U.S. to wait or get into another nonimmigrant status. Why are you expecting your F-1 to be revoked? Not normally revoked unless you stop going to school, commit a crime (or most recently for campus protest).
Yuliya Veremiyenko-Campos
Immigration attorneysIf your F1 visa is revoked while your EB-5-based (Adjustment of Status) AOS is pending, you can remain in the U.S. until the approval of your AOS. You will get a work authorization and a travel document based on a pending AOS. If your visa is revoked before you apply for an EB-5-based AOS, you will need to leave the U.S. immediately. Having said that, you should discuss with your immigration attorney the reasons of why you believe your F1 visa may be revoked and how it may affect your EB-5 petition.
Dennis Tristani
Immigration attorneysIf you have filed for adjustment of status in the U.S. you can remain in the U.S. based on the pending adjustment of status. This is assuming that the reason for your F-1 visa being revoked does not make you inadmissible and ineligible to adjust status.
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