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How can an EB-5 investor with an EAD and AP reenter the United States without any issues?

I have a pending I-485, and I already have my EAD. My Advance Parole just got approved - issued separately, months apart. Would I be okay to travel to my home country for 3 weeks? I do not want to jeopardize my job here in the United States. Have EB-5 investors seen any issues returning on AP?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on April 28, 2023

  If you do not have a criminal record or prior overstays, you should be fine returning on your AP.

• Dennis Tristani

  Immigration Attorney

  Answered on April 27, 2023

  If you are currently working in another visa status, it is always recommended to return using your valid work visa (H/L etc). You can travel and return using your AP with no issue, however, if you were in a separate visa status, you will lose that status upon entry using AP - you can continue to use your EAD for work.