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Can a derivative beneficiary on a nonimmigrant visa travel abroad with a pending I-526 Petition?

Until an I-526 Petition is approved, an EB-5 investor’s derivative beneficiaries are free to leave and reenter the United States on any valid nonimmigrant visas they may have as long as the purpose for their reentry is consistent with their nonimmigrant visas. For example, a derivative with a valid F-1 student visa may enter the U.S. to pursue his/her academic program.