While my EB-5 I-485 and I-131 were pending, I traveled outside the U.S. multiple times on a valid H-1B visa. I was told the I-131 would be automatically denied, which I was okay with. However, USCIS ended up approving my I-131, and issued the Advance Parole document, which is now in my possession. Is it safe to use this to travel, or could USCIS revoke it due to an “erroneous approval?” Are there any other risks to my pending I-485 I should be aware of? I do not have my H-1B status anymore, so I cannot use that visa.
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your I-485 is denied while you are abroad, and your advance parole is defective, you may have a problem boarding or be placed in removal when you return. AP adjudications policies loosened up slightly but if your AP was improperly approved, you certainly take some risk traveling and would be advised to see if you can obtain an H-1B visa as that is the safest option. This appears to be the current USCIS policy. “At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation”. I would be careful to ensure compliance or potentially have your adjustment denied, or even be refused admission.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyAs long as you traveled on a valid H-1B visa you are fine to use the AP.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe risks are extremely low.
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