I’m currently on EB-5 Change of Status (I-485 pending) with an approved Advanced Parole and an active F-1 student visa with a non-expiring I-20. I visited my family overseas. Could I return to the US with my F-1 visa without showing my Advanced Parole to keep my F-1 status? Alternatively, if I show both Advanced Parole and F-1 visa, would I be able to keep my F-1 status and apply for OPT in the future?
Answers
Matthew Kolodziej
Find the Best EB5 Visa LawyersYou cannot maintain F-1 status while your I-485 is pending. An I-485 is an application to immigrate to the US (to get residency or a "green card") and F-1 student status is strictly non-immigrant (temporary). However, you are allowed to study while your I-485 is pending and can travel and work if you have advanced parole and a work permit.
Julia Roussinova
Find the Best EB5 Visa LawyersYou should use your advance parole document to enter the US while your I-485 is pending.
Steffanie J Lewis
Find the Best EB5 Visa LawyersBy filing I-485 you declared your intention to be a U.S. permanent resident. That intention is contrary to F-1 intention to maintain residence abroad and return abroad when studies are completed. You must travel on your advance parole.
Lynne Feldman
Find the Best EB5 Visa LawyersYou need to show the advance parole as you may be denied on the F-1 now that you have indicated immigrant intent with your I-485 filing.
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