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How can I return to the U.S. with an advance parole card while I have an H-1b visa application under administrative processing?

I submitted my EB-5-based I-485 several months ago and received my advance parole card. I recently paid a trip to my home country and renewed my H1B visa. The visa application was put on administrative processing with no progress so far. Can I return to the U.S. with my advance parole card while my visa is under an administrative process? Will this affect my 485 application?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should be able to return to the U.S.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, you can do that. You will not return as an H-1b though, but just as a parolee.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    H-1b is a dual intent visa, so you should be able to travel on either.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Presumably, you disclosed your adjustment application when you applied for the H-1B visa. You may want to give up on that because the consulate might not be pleased you reentered after they put it into admin processing. However, if the advance parole is valid, you should be eligible for admission. You may need to be ready to explain this to the officer at the border who can see the case was subject to admin processing so be sure to be honest so you do not have problems with misrepresentation upon entry.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    You can use the advance parole card to be admitted to the U.S.

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