How can I return to my home country to see my family while on an F-1 visa with a pending I-526 for EB-5?

As long as your F-1 visa remains valid, you can go to your home country and return to the U.S. in spite of your pending EB-5 petition.

If you are asking if you can be the petitioner rather than a dependent of the EB-5 application of your parents, the answer is yes. You can be the petitioner yourself. The I-526 processing time ranges from 28-44 months as of Feb. 8, 2021. If you have a valid F-1 visa, it is highly likely that you still can re-enter with that visa. Explain to the CBP that you do not have the intent to overstay your F-1 visa once you are admitted.

18 is the age of consent to contract in most states. The I-526 alone typically allows you to maintain your non-immigrant status (F1) and travel. I-526 takes 2-4 years.

Most of our clients on F-1s have been able to travel home and return to complete their studies. The F-1 student visa is not a dual intent visa but as a practical matter, most consulates seem to be fair and reasonable if the student files for a green card via the EB-5 program, especially because since green card processing can take several years.

If you already have the F-1 then it should be OK, but technically the two cases have conflicting intent, so minimizing travel is best. At 18, you may file your own EB-5 case.

You can apply at 18. And you can travel on a valid F, assuming you are coming back to resume your studies.

You can apply for EB-5 (make the investment, sign the forms, and submit the I-526 petition package) as an 18-year-old. You do not need to wait until you are 21. The current average processing time for an I-526 petition is about three years, unless you were born in China or Vietnam, in which case it will be longer, depending upon when an immigrant visa number becomes available. The I-526 petition approval is not your two-year conditional green card. An I-526 petition approval merely allows you to either (1) apply for adjustment of status if you are in valid non-immigrant status in the United States or; (2) apply for an immigrant visa at the U.S. embassy or consulate in your home country. If you have a valid F-1 student visa and I-20, you should be allowed to reenter the United States after short visits abroad in order to resume your full-time course of studies. You must maintain the present intention to remain a non-immigrant/student.

You can simply return if you wish to return. Check the CIS website for processing times. You do not need to be 21 to file this application.