I am currently facing a challenging situation and would greatly appreciate any advice or insights from fellow investors or experts. I am an F-1 student whose EB-5 project’s I-526 petition is pending. Unfortunately, I have recently discovered that the project may have been fraudulent. My current status is as follows: I-526 Petition: Pending (Will be denied in 2026?) and Combo Card: Activated by Re-entry to the US (Now out of F-1 status?)
Given these circumstances, I am concerned about the potential denial of my I-526 petition and the subsequent loss of my legal status in the U.S. I am considering investing in a new EB-5 project and have the following questions:
Transitioning EB-5 Projects:
- Can I transfer my existing I-485 application to a new EB-5 project?
- If a transfer isn’t feasible, can I submit a new one based on the new EB-5 investment and withdraw my current I-485?
- While my I-526 is pending, can I maintain my legal status by obtaining a new I-20 from my current school, thereby returning to F-1 status?
- Can I apply for a different non-immigrant visa to preserve my legal status during this transition?
Answers
Tony W. Wong
Immigration attorneysYour situation is a complicated procedural issue. I strongly suggest you seek legal advice from your attorney. After you used the advance parole to re-enter the U.S., you would lose your F-1 status and become AOS status on your I-94. You can apply for another I-526 or I-526E, but whether you can transfer your current I-485 to the new EB-5 petition depends on the officer. You need to contact USCIS and get their conditional approval and then submit application. You are unlikely to change to another status like F-1 or other non-immigrant status in the U.S. If you go back to your country and to apply for another visa to come back, you will be likely denied because the U.S. Consulate is likely to consider you have immigrant intent. I handled a case like your situation. I help the client file another I-526E and I-485. But the difference is that my client didn't use his advance parole, so he keeps his F-1 status.
Lynne Feldman
Immigration attorneysYou need a consult to go through the steps for eligibility to redeploy your funds.
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