It is possible for F-1 Visa holders with pending I-526 Petitions to leave the U.S. and reenter—but EB-5 investors who intend to adjust status through Form I-485 would be prudent not to leave the U.S. If the investor indicated on the I-526 Petition that he/she intends to consular process upon I-526 approval, reentering the U.S. is less likely to be problematic. Note, however, that because a pending I-526 Petition indicates immigrant intent, a Customs and Border Protection officer can, at his/her discretion, deny entry.