How can an EB-5 applicant travel on advance parole? - EB5Investors.com

How can an EB-5 applicant travel on advance parole?

My EB-5 I-526 is pending adjudication. I filed for adjustment of status and have received my EAD card and AP. Is it safe to travel outside the U.S. and re-enter with EAD and AP while my I-526 for green card is pending?

Answers

Ying Lu

Ying Lu

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

There is a possibility that your I-526 might be denied while you are outside of the U.S., which may also lead to the denial of your I-485. When this happens, your EAD and AP may lose its validity.

Steffanie J Lewis

Steffanie J Lewis

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You may travel abroad only with an approved travel document. That document is obtained by filing Form I-131 with USCIS. I understand that you are currently residing in the U.S. I assume you have filed to adjust status on the pending I-526. If you filed Form I-131 concurrently with your I-485, adjustment of status application, the EAD card you received may state at the bottom that the card is good for travel. If that is not on your EAD card, you cannot use the card for travel. You will need to wait for a paper notice of I-131 approval. You can travel with the I-131 approval paper notice. I am unfamiliar with your abbreviation “AP”. Do you mean your I-526 has been approved? An approved I-526 does not provide you with travel authorization.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

Yes. You can travel. The RIA of 2022 allowed EB-5 investors to simultaneously file their I-526 petition (EB-5 application) together with the I-485 Application to Register Permanent Residence or Adjust Status, I-765 Employment Authorization Document, and I-131 Application for Travel Documents. Once your AP is approved, you can reenter the U.S. based on being an adjustment of status applicant.

Melanie Yang

Melanie Yang

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes.

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Assuming you have timely filed your I-485 with the underlying EB-5 investor petition and have no issues with your past immigration history, you may travel with a valid advance parole document and foreign passport.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, you may safely travel and return with your advance parole (travel document) while the I-485 is pending during the dates indicated on the AP. The only exception to this is if you have an active criminal matter in the U.S. or a previous serious criminal conviction that was not disclosed in your documents.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.