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Questions and Answers > EB-5 Investments

How can I as an EB-5 investor travel during the lapse of the regional center program?

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?

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Answers

  • Avatar

    Dennis Tristani

    Immigration Attorney
    Answered on

    Yes, 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.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    Check 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.

  • Avatar

    F Oliver Yang

    Immigration Attorney
    Answered on

    You can, but it is not recommended. If you travel, you should be prepared to come back on short notice.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Every 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.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your 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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, as long as you have the travel permit as part of your combo card.