EB-5 Application Affects My Current Status Or Not

Published on 10/14/2015

Hello, I’m Vaughan de Kirby. Today a client asked a very very good question.  They asked how their EB-5 application might impact their current status. This is a very very good question, because it recognizes the fact that you should internalize in your decision-making. Every decision you make in immigration is related to other decisions. We talked about on prior videos the fact that any information you enter on an application or you give a consular officer or a customs officer, can become part of your permanent record. Now with that said, let’s look at some examples.

An example might be OPT. If you’re on OPT, will your EB-5 application impact that OPT? The answer is no. If you have an F-1, will your EB-5 impact your F-1? The answer is no. Your F-1 is still valid. The other visa that comes into question is the multi-entry ten-year visa. Your EB-5 will not impact that either.

However, I want to give a note of caution here. If your situation involves a trip back to your home country and a reapplication, if you’re having to reapply for your F-1 visa, or you’re reapplying for your multi-entry visa, you must always tell the truth as we’ve talked about in prior videos when you speak to customs officers or when you’re filling out forms, you would have to indicate when you’re applying for a new visa that you have an I-526 application. And though it takes a long time for that application, the consular officer can look at your situation and say “I’m sorry, because of your I-526, because of your EB-5 application, you have apparent immigrant intent.” And they could deny it.

So on the one hand, if you have your visa and it’s in place, you’re fine.  If you’re in a situation where you’re going to have to go to the consulate to get a new visa, it may be a problem.

In every case, NO. 1 we talked about the interrelation of immigration, make sure that everything you tell consular officers , and everything you put on applications is accurate.  And before you return to your home country, make certain you have an appointment with your immigration attorney and discuss this before your trip. I hope this is helpful.

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney