I would like to know if I can travel with my student visa outside U.S. while my EB-5 I-485 is pending. Also, will the trip have any negative impact on my green card? Could I have any trouble entering the border?
Answers

Bernard P Wolfsdorf
Find the Best EB5 Visa LawyersNo, you need an advance parole or you cannot return and the application is abandoned.

Daniel A Zeft
Find the Best EB5 Visa LawyersIf you have an I-485 application pending, then you should not seek to be admitted to the U.S. with an F-1 visa. You could have a problem at the U.S. port of entry. Also, this could be seen as visa fraud.

Marko Issever
EB-5 Broker DealersOnce you have an immigrant petition filed such as I-485, you can no longer enter the U.S. with an F-1 visa, as you have now indicated your immigrant intent. That said, as long as you have advance parole authorization you should be fine, but if you do not and leave the U.S. without getting one, your I-485 petition could be deemed to be abandoned. The trip per se will have no negative impact on your green card, as it is very well known that things come up and people need to travel. Again, as long as you apply for advance parole and wait for it to get approved you should be fine.

BoBi Ahn
Find the Best EB5 Visa LawyersWhile your I-485 is pending, if you depart the U.S. without first obtaining an advance parole, you are abandoning the I-485 application. You need to apply for and wait for the advance parole before traveling abroad.

Barbara Suri
Find the Best EB5 Visa LawyersAny travel outside of the U.S. without advance parole authorization will be considered an abandoment of your I-485 application.

Hassan Elkhalil
Find the Best EB5 Visa LawyersI do not recommend that you do. I will file for travel document I-131, and then I travel. If you have a family emergency, you may expedite the application.

A Olusanjo Omoniyi
Find the Best EB5 Visa LawyersYou cannot travel on your student visa, instead you should file Form I-131 and obtain a permit to travel.

Mark AM Catam, Esq
Find the Best EB5 Visa LawyersYou should travel using the advance parole.

Fredrick W Voigtmann
Find the Best EB5 Visa LawyersYou should travel outside the United States only if you have a valid passport and an advance parole travel document or a "combo card," which is an employment authorization document (EAD) with the words "also serves as I-512 advance parole." Otherwise, you will abandon your pending I-485. You should not travel with your student visa while your I-485 is pending. Also, if you have accrued more than 180 days of unlawful presence in the United States, you should not leave the United States without first checking with an immigration attorney who can advise you regarding the re-entry bars.

Julia Roussinova
Find the Best EB5 Visa LawyersEnsure you do not travel outside the U.S. before you receive an advance parole document. If you did not file an application for an advance parole document (and an employment authorization document), you will need to file these applications with a receipt notice of your pending I-485 and receive an advance parole document before you travel outside the U.S.



Sally Amirghahari
Find the Best EB5 Visa LawyersI suggest to apply for an advance parole/travel document with the USCIS so you won't have an issue return back to the U.S.

Dale Schwartz
Find the Best EB5 Visa LawyersYou should not travel outside the USA while your I-485 is pending unless you received travel permission after you filed the I-485. If you didn't ask for it, you can ask now, but it usually takes more than 90 days to get it. If you leave without the advance parole to travel, your I-485 will be considered abandoned.

Evelyn Hahn
Find the Best EB5 Visa LawyersYour I-485 should have been filed with your advance parole application. If you leave the U.S. before advance parole is approved, USCIS will consider your I-485 abandoned and will deny it. Therefore, you must wait until your advance parole application is approved and must not travel with your student visa in the meantime.

Charles Foster
Find the Best EB5 Visa LawyersYou need to first apply for and obtain your advance parole.

Lynne Feldman
Find the Best EB5 Visa LawyersIf you travel while I-485 is pending without a travel permit, you are abandoning your permanent residency (the I-485 case). So no, do not travel until your I-131 is approved for travel.

Salvatore Picataggio
Find the Best EB5 Visa LawyersWait for advance parole instead. You're a pending immigrant now, and trying to enter with the F visa will be basically impossible.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.