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Question:

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What happens when an F-1 visa holder is listed as a derivative on an I-526 application? My daughter is studying in the United States under an F-1 student visa, which needs to be renewed every August. If she is listed as a derivative on a family member’s I-526 application, will her F-1 visa renewal be affected? If the I-526 is approved while she is outside of the United States, can she return using her F-1 visa, and then adjust her status? When would using an F-1 visa after I-526 approval cause an EB-5 visa denial? What law would she refer to when explaining to the border patrol officer?

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Answers:

December 12, 2014 15:14 Ed Beshara

The filing of the I-526 petition will not effect the F-1 status of the daughter. If the daughter is in the U.S. and maintaining her F-1 status in the U.S. and the I-526 petition is approved then the F-1 student can apply for adjustment in the US.
If the F-1 student is outside the U.S. when the I-526 petition is approved then the student cannot enter the U.S. under F-1 student status and claim a non- immigrant intent when her real intent is to apply for a permanent residency status in the US.

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