I am currently on an F-1 visa, and I plan to travel home over the upcoming winter break. I also filed an I-526 application two years ago. I was informed last week by my regional center that they started to receive approvals for petitions filed during the same time as I did. If my I-526 gets approved while I am abroad, can I still enter the U.S. with my F-1 visa and file an I-485 application, or do I have to go through the consulate processing procedures in my home country?
Answers
Bernard P Wolfsdorf
Find the Best EB5 Visa LawyersConsular processing is usually faster, but if you disclose all the relevant facts upon admission and are admitted, you should be eligible to apply for an adjustment of status.
Daniel A Zeft
Find the Best EB5 Visa LawyersIf your I-526 petition gets approved while you are abroad, then you can use the F-1 visa to be admitted to the U.S. However, if the I-526 petition gets approved and you use the F-1 visa to be admitted to the U.S., then you should apply for an immigrant visa at a U.S. consular post and not file an I-485 application with U.S. Citizenship and Immigration Services.
Lynne Feldman
Find the Best EB5 Visa LawyersYou should be able to adjust status after successfully re-entering the U.S. with your F-1 visa.
A Olusanjo Omoniyi
Find the Best EB5 Visa LawyersIf your I-526 is approved while you are out of the U.S., you can return to the U.S. and file an I-485 to adjust your status. You do not have to go through consular processing.
Belma Demirovic Chinchoy
Find the Best EB5 Visa LawyersTo enter with the F-1 status, your intent must be to comply with the F-1 status - temporary stay to attend school, in other words. Your intent may become an issue.
BoBi Ahn
Find the Best EB5 Visa LawyersYou can still opt to file for adjustment of status in the U.S. even if at the time of the I-526 approval you are traveling abroad.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.