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How can I stay abroad for 6 months right after filing my EB-5 I-485 and EAD in the U.S.?

I applied for EB-5 from India and moved to Canada in 2019. I have a valid L-2 visa and will go to the U.S. to apply for my I-485 and EAD. After filing, can I come back to Canada for 6 months to complete my citizenship requirements, or does it put my I-485 and EAD at risk?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    With an L-1 travel is fine but you need to be in the U.S. to file the I-485.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    If you depart the United States after you file Form I-485 and before you received approved advance parole (Form I-131), your I-485 application will be considered abandoned. The USCIS filing fee for I-485 includes concurrently filed forms I-765 and I-131. To prevent abandoning your I-485, wait until your I-131 is approved by USCIS before traveling outside the U.S.