I received my combo card in the first week of December 2021, and now I am planning to travel to China. My I-526 for RC is already approved. Can I travel to China in January of 2022 and return back to US after 3-4 months, without any problems at immigration due to the lapse in the EB-5 region center program?
Answers
Lynne Feldman
Immigration attorneysYes, as long as you have the travel permit as part of your combo card.
Bernard P Wolfsdorf
Immigration attorneysYour travel documents are valid. There is a very small amount of risk that the program will not be extended, although I am optimistic that even in that remote event they would likely pass something that will protect persons with pending adjustments. I can tell you the industry and others are pushing Congress and USCIS to allow I-485 to remain pending until reauthorization, which I am hearing may happen in February 2022.
Salvatore Picataggio
Immigration attorneysEvery interaction with a Customs and Border Protection officer is a chance they can mess things up. USCIS may not consider the I-485s "on hold" next year and may cancel them entirely. Or they may continue processing them. Supposedly we will know more in early 2022.
F Oliver Yang
Immigration attorneysYou can, but it is not recommended. If you travel, you should be prepared to come back on short notice.
Phuong Le
Immigration attorneysCheck with your attorney, but with a combo card it should not be an issue. USCIS is currently holding I-485s in abeyance (freezing them) until the RC program gets reauthorized, but they are still processing and granting ancillary benefits such as the EAD/Travel combo card. USCIS has not issued any guidance prohibiting travel with the combo cards.
Dennis Tristani
Immigration attorneysYes, if your combo card is valid during the entirety of your trip, then you should not have a problem traveling during this period of time.
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