Immigrant visa versus non immigrant visa
Our clients are asking us whether they could apply for the EB-5 after filing a non-immigrant visa and vice versa. Sometimes they would like to switch from one type of immigrant visa petition to another. Could you please elaborate on that. Thanks!
Answers
Yes. There is a lot of misunderstanding about this topic. Generally speaking, one could have a short term non-immigrant intent while having a long-term immigrant intent. This is usually achieved by simply obtaining an F1 visa to study in the US and then immediately after entry to the US applying for the EB5. Sometimes, clients have already applied for the EB5 either directly or indirectly as a dependent. In the case, where the applicant is a derivative applicant since they are not the actual EB-5 investor, they will most likely not have an issue with obtaining the F1. On the other hand, if the applicant is already an adult and directly applied for the EB5 clearly showing immigrant intent, he or she would have to provide enough information to convince USCIS.
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