What is the possibility of getting F-1 approval after submitting the I-526? - EB5Investors.com

What is the possibility of getting F-1 approval after submitting the I-526?

I am planning on applying for the EB-5 investment visa program. However, my daughter was admitted to a U.S. college and she will be applying for her F-1 visa in May 2017. If I apply for the EB-5 visa program this March, will it affect my daughter’s chances of getting the F-1 visa? Is it possible/OK to include my daughter’s name at the later stage, such as after completing her F-1 visa process?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

She may get some questions but, technically, the I-526 petition pending without anything further should not give rise to immigrant intent.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Because your daughter is not the principal EB-5 investor who files I-526 petition, she should not have issues with F-1. If she is unmarried and under age 21, you may include her as immediate family member in your I-526 petition.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

There is no relationship between your daughter''s F-1 and your I-526 petition. As a result, assuming she is admitted by an academic institution, even after your I-526 petition has been filed, she should be able to secure an F-1 visa. Also, as your EB-5 petition progresses, if she is under 21, you will be able to add her as a family member.

Irina A. Rostova

Irina A. Rostova

Immigration Attorneys
Answered on

If you are the investor, your daughter will not actually have a pending immigrant petition in her name. There is no room for dependent family members on the I-526 form. Although we usually include the names of the all the dependents in additional documents attached to the I-526, they will be "officially" added only after the approval of the I-526. Therefore your daughter should have no issues receiving an F-1 visa. A number of clients'' children received F-1s after the parents filed I-526s.

Abhinav Lohia

Abhinav Lohia

Immigration Attorneys
Answered on

Your daughter''s name need not be included in the I-526 petition. It can be included post-approval of your I-526 at the time of consulate processing (approx. two years from now). Up until then, a case can be made that she does not have an immigrant intent because it is her choice to get a green card or not.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

The chances of having an American Consular Post issue you a non-immigrant F-1 student visa after you have filed an EB-5 investor petition on Form I-526 are not promising. If you wish to apply for an F-1 student visa, you should apply and obtain same prior to filing the EB-5 petition on Form I-526. Since you yourself filed an EB-5 petition on Form I-526 in your name, it may not directly affect your daughter''s chances of obtaining a non-immigrant F-1 student visa, since she is not the petitioner and she can properly answer the question when asked if she has ever filed a petition to acquire residency in the United States with a negative response of "No." You should always include your daughter in all documents at all times prior to your application for an immigrant visa once the I-526 petition is approved.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

We recommend being fully truthful at every stage. If you daughter shows she is a serious student and is accepted at a good school, my experience is she is likely to be accepted. Also, while again I emphasize full disclosure, your daughter can apply for a student visa now. It is correct she can only enter 30 days before commencement of studies, but she can apply for the visa four months before.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

You filing for I-526 has no affect on your daughter''s ability to apply for or maintain F-1 student status. She can later be included in the "green card processing" after the I-526 is approved and you are ready to proceed with the immigrant visa processing or adjustment of status if you are already in the United States.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

Please note that I-526 is the immigrant petition for the investor only, not the family''s. If you are the investor and submit the I-526 in your name, only you have shown the immigrant intent, not your daughter. Thus, she may apply for the F-1 visa with her acceptance letter and obtain the F-1 visa. Make sure that she does not mention that she will be immigrating with you as that has not happened yet and until I-526 is approved, you are not eligible for the immigrant visas.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You should include her on the I-526 form to avoid questions of why you omitted her. I would not expect your application to be the reason an F-1 is not approved.

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