+1-800-997-1228
Questions & Answers

What are the differences between an advance parole and a reentry permit?

I am a potential EB-5 investor with established business in my home country. I will need to travel regularly back to my country to manage my business after submitting my application for EB-5. While searching for travel limits/stay requirements two kinds of travel documents came to my attention: advance parole and a reentry permit. What are the differences between these two? At which state of my EB-5 application would I need to use these documents? What are my options when it comes to traveling while my EB-5 visa approval is pending?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    An advance parole document is a travel permission document for applicants for adjustment of status. A reentry permit is a document used by U.S. permanent residents who plan to spend extended periods of time outside the U.S.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    The advance parole is available to anyone who has a pending adjustment of status case.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    You would obtain Advance Parole while your Application for Adjustment of Status is pending based upon an approved EB-5 investor visa petition or other appropriate visa petition after visa numbers are available and you have applied for Adjustment of Status. Normally you can obtain Advance Parole within 90-120 days. You could apply for a U.S. Reentry Permit only after you are already a conditional Permanent Resident or regular Permanent Resident. The U.S. Reentry Permit is evidence of your intent to return to the United States and maintain your Permanent Residency and arguably with same you could remain outside of the United States for the duration of the Reentry Permit without being deemed to have abandoned your Permanent Residency within the United States.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Advance Parole is issued during your Adjustment of Status pending period to allow you to travel while waiting to become a lawful permanent resident and Reentry Permit is granted to lawful permanent residents (ie., after your green card is granted) to allow you to travel abroad at lengths (ie., >1 year or more) without jeopardizing your "permanent resident" status (ie., abandoning permanent residence in the U.S.). Neither are available while EB-5 petition is pending.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    A travel document/advance parole becomes relevant after you receive your conditional green card and it serves to protect your resident intent during extended absences from the US. Your attorney should advise you of everything you need to know regarding preservation of your conditional permanent resident status.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Advance Parole is a parole given in advance of, in this case, permanent residency approval. It is usually given to a non-immigrant status holder currently residing in U.S., for example, F-1, when he files his adjustment of status I-485 application. Reentry Permit is given to a Permanent resident who wishes to remain outside of the U.S. for more than 12 months without having his residency presumed to have been abandoned for not residing in U.S. permanently.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An advance parole is most-commonly associated with a pending adjustment of status application (Form I-485). The I-485 can be filed (and the advance parole obtained) ONLY if the following conditions are met: (1) the I-526 petition has been approved, (2) there is an immigrant visa number immediately available, i.e., the priority date is current, (3) the applicant is physically in the United States while maintaining a valid nonimmigrant status, and (4) the applicant is otherwise admissible to the United States. A reentry permit, on the other hand, usually is for a U.S. permanent resident (permanent or conditional) who needs to spend extra time outside of the United States than is normally permissible, i.e., more than six months on any given trip (absence from the United States). An eligible reentry permit applicant is (1) a permanent U.S. resident (green card holder) and (2) physically present in the United States at the time the reentry permit application (Form I-131) is filed. At the present time, under the current immigration laws, there is no travel document (other than a valid U.S. nonimmigrant visa) that would allow an EB-5 investor with a pending I-526 petition to regularly travel to and from the United States.

  • Avatar

    Mitch Wexler

    Immigration Attorney
    Answered on

    Advance parole is applied for with an application for adjustment of status and permits international travel while the adjustment application is pending. A Reentry Permit is issued to green card holders and serves to put the government on notice that you may be out of the US for an extended period of time and have no intent to abandon your green card status. It is typically valid for 2 years.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.