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What is an EB-5 applicant required to apply for after I-526 approval?

While applying for the I-485 to adjust status after the I-526 is approved, is it mandatory to apply for Advance Parole/Travel Document? Can an EB-5 applicant travel outside of the United States with a valid stamped visa covering the duration of the travel?

Answers

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    Echo Meisheng King

    Immigration Attorney
    Answered on

    When the I-526 is approved, you will need to file the I-485 to adjust status if you are inside the United States. Although an Advance Parole is not mandatory to file with the I-485, it is advisable to do so in case you need to travel outside of the United States prior to receiving your green card.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You must apply for and receive advance parole to travel outside the United States while your AOS is pending unless you have a valid H-1B or L visa and intend to resume your H or L employment after travel outside the United States while your AOS is pending. If you do not have such type of visa and you travel outside the United States without an advance parole, you will be deemed to have abandoned your AOS application and it will be denied.

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    Ying Lu

    Immigration Attorney
    Answered on

    If you have other valid nonimmigrant status, such as L-1 or H-1B, you can leave United States without the advance parole during the pendency of your I-485, assuming you will come back and continue to work for the original employer who sponsored you for your L-1 or H-1B. However, if you are holding the F-1 student visa, international travel is not recommend when your I-485 is pending because F-1 does not allow immigrant intent, unless you get your advance parole.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It depends on what status you had before. You may be able to continue to travel, but you may have to apply for advance parole. Each case is unique and having the assistance of an immigration attorney is essential.

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    John J Downey

    Immigration Attorney
    Answered on

    Once you receive the receipt for your I-485 petition you may apply for advance parole. It's the safest way to travel, and it's usually good for one year.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The person must have advance parole to travel abroad while adjustment is pending unless they have a valid H-1 or L-1 visa.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    There are only two kinds of visas that allow you to travel overseas while your adjustment of status application is pending. These are the L and H Visas. If you hold one of these visas and you are in a valid status i.e., working for your employer, then you do not need to apply for advance parole. With all other visas you are required to apply for advance parole, otherwise you will be deemed to have abandoned your adjustment of status application if you leave the country.

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    Ian E Scott

    Immigration Attorney
    Answered on

    If you have an H-1B or L visa you will not need advance parole. If you file an I-485 and want to travel you will need advance parole to be able to reenter.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Although applying for an advance parole is not mandatory, it is highly advisable. After filing the I-485, if you travel abroad without having an advance parole, you are abandoning the I-485 application. The only exception would be if you have a valid H-1 or L-1 status/visa and you are continuing that status/employment, in which case you may re-enter using the visa and not have abandoned the I-485. There is no additional cost to filing the advance parole and employment authorization (all included in the I-485 filing fee).

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