+1-800-997-1228

Free Evaluation

Please click here to get started
Questions and Answers > EB-5 Requirements

With a pending EB-5 I-485, a valid F-1 visa and AP, which one should I use while reentering the U.S.?

I have a pending EB-5 I-485, a valid F-1 visa, I-20, and advance parole. I want to keep my F-1 student visa valid while my I-485 is pending. If I re-enter the U.S. after traveling to my home country, in order not to jeopardize my I-485, do I need to use the AP to enter? Or can I use my F-1 visa to enter?

Click here for a Free Evaluation

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    If you want to keep your underlying F-1 while I-485 is pending, do not travel. If you need to travel, must reenter the US on AP and will be a parolee until I-485 AOS is adjudicated.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    You must use the advance parole document when seeking to be readmitted to the U.S.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you do not travel, you can keep your F-1 status. But if you do travel, you will need to re-enter on your AP.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    AP now that I-485 is filed as F-1 is a nonimmigrant status and the I-485 clearly indicates immigrant intent.

  • Avatar

    Mitch Wexler

    Immigration Attorney
    Answered on

    Must use AP and you will no longer be in F status.

  • Avatar

    Dennis Tristani

    Immigration Attorney
    Answered on

    You should use your F-1 visa to reenter the country in F-1 status. Entering using your advance parole document will cause your F-1 status to be terminated. So long as you already have advance parole when you depart the U.S. in F-1 status, reentering the U.S. using your F-1 visa will not jeopardize your pending I-485.

  • Avatar

    Carolina Kripinski

    Immigration Attorney
    Answered on

    If you leave the country, you would need to use the Advance Parole document. Otherwise, immigration would understand that you withdrew the I-485 case. However, by reentering the country with the Advance Parole, your student status will no longer be valid. In other words, if you want to protect your student status while the EB-5 and I-485 are pending, you should not leave the U.S.A.