We are applying through Form B for EB-5, and we have applied for AP EAD combo cards. Our application was approved in March, 2021, and I received my card a week after the approval. However, my husband’s card has not arrived yet 38 days after it was approved. I tried to call the USCIS but was told there’s nothing they can do because they already approved the case, it was up to the card factory when we can get our card. We plan to fly internationally at the end of April. If we leave the U.S. without receiving his card and have our attorney mail his card to us abroad once he received it, would that work? Will it affect our pending I-485 application? Could we get in trouble reentering the country? Thank you very much for your help!
What did your attorney state, you should follow that advice specifically and all attorneys would state that one should not travel without the card. If you take the risk to travel and await the mailing of the card, that is a risk to have the application denied.
You do not want to leave the U.S. without the travel permit or you will be abandoning the I-485 application (green card). If urgent need to travel, you can call the USCIS Contact Center and arrange an INFOPASS appointment for an emergency travel permit (That will cancel the one that is pending) with proof the emergency.
If he leaves without advance parole, he abandons his application for adjustment of status. He will need a visa to return to the U.S.
An adjustment of status applicant who departs the United States without an approved advance parole document automatically abandons the adjustment of status application unless that person has an H or L visa.
You must have your AP card in your hand before you leave the U.S., or you will be abandoning your I-485 adjustment of status application. You cannot depart and have someone send you the card abroad. If it is an emergency travel, you can make an appointment with the local office or call USCIS and ask for a discretionary expedite of the AP document, after providing proof of the emergency (these, however, are rarely granted, unless in a true emergency).
Your husband needs the AP card to reenter. Perhaps declare the card lost and request a reissuance?
If the AP card has been approved, technically, you can leave but its dangerous to do so without the card. If it gets lost in the mail, he will not be able to enter unless he has a valid H-1B (or L-1 dual intent visa). Do not risk it.
