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What is the travel risk for an EB-5 investor with approved combo card: I-131 and I-765?

I am a Regional Center EB-5 investor. I want to travel to Australia (and maybe India) in Jan 2022. I have an approved combo card with Advance Parole (I-131, I-765) expiring in 2023. I will return back to the US on Feb 20, 2022. Since the EB-5 Regional Center is currently lapsed, can a CBP officer on my return to the US stop me from re-entering US by giving the reason that EB-5 RC has lapsed, even though I have an unexpired combo card with advance parole? If CBP does stop from entering, what are my options?

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Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should be fine.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That concern is valid. Currently, USCIS is holding I-485, and their I-131 and I-765 forms as well. But they may reevaluate that in 2022. Any travel with the AP alone comes with a risk of CBP denying entry, so I typically recommend that travel with AP be done only if really necessary.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    First, we can expect Congress to reauthorize, but this will take a few months. Second, if you have no underlying status such as an H-1B visa, you will almost certainly be able to reenter regardless of your advance parole. USCIS has indicated it will review its policy on issuing derivative benefits to pending RC-based adjustments at the end of this year, so if you want to be conservative, wait until that announcement and if you have an H-1B, there is zero risk. There is only a very small chance USCIS would automatically revoke lawfully issued advance parole that allow you to return prior to the authorized re-admission date.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Since you have a pending adjustment of status and a valid combo EAD/Advance Parole card, it appears that travel would be acceptable. It is best to consult with counsel with more details prior to any departure.