Questions and Answers > EB-5 Forms

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

• Lynne Feldman

  Immigration Attorney

  Answered on October 28, 2022

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

• Steffanie J Lewis

  Immigration Attorney

  Answered on October 24, 2022

  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.