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How can I travel internationally if I just file my EB-5 I-485 application?

If my EB-5-based I-485 application is received by USCIS according to the mail courier’s record, can I travel outside the country the next day without impacting my application? Do I have to obtain the I-485 receipt when I enter the border?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    On the basis of filing the I-485 application, you will have to wait for the receipt of the approval of your advance parole application before you should travel outside the U.S. and have the ability to return to the U.S.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can only travel without advance parole if you have an H or L visa that is valid. Otherwise, wait for your advance parole approval.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    After you file your I-485 application, it is not advisable for you to depart the U.S. until you receive an approved advance parole card. You must file an application for advance parole with your I-485 application. It may take several months to receive an approved advance parole card.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    You will need the advance parole to travel.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    To travel abroad, you need to have received advanced parole by filing Form I-131. If you travel without it, you could be deemed to have abandoned your I-485 petition.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    While your I-485 is pending you cannot travel abroad until you file for and are issued an advance parole. If you do travel before the advance parole is issued, you are abandoning the I-485 application. In most cases, when you file the I-485, you should also file at the same time the employment authorization and advance parole applications.

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    Evelyn Hahn

    Immigration Attorney
    Answered on

    You must not travel internationally while your I-485 adjustment of status application is pending. If you have a pending I-485 and you leave the U.S. without an advance parole document called Form I-131, Application for Travel Document, you will have abandoned your I-485 application. Usually, immigration attorneys would suggest to concurretly file I-131 Application for Travel Documents and I-765 Application for Employment Authorization, along with the Form I-485 Application. If USCIS approves both the Form I-765 and I-131, the applicant receives one combo card, which is also known as EAD card, that will serve as both an employment authorization document and an advance parole document. Currently, it is usually taking about five to six months for USCIS to issue the EAD cards, but some cases occasionally get approved within less than three to four months. While your I-485 processing time can take anywhere from eight to 14 months, you can start working and traveling internationally once your I-131 and I-765 are approved and your EAD combo card is issued. If you are experiencing an extremely urgent situation, in which you are not able to wait until your EAD card is issued while your I-485 is pending, you may visit your local USCIS office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring: a completed and signed Form I-131, Application for Travel; the correct I-131 filing fee; evidence to support the emergency request (i.e., medical records, death certificate, etc.); and two passport-style photos.

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    Robert West

    Immigration Attorney
    Answered on

    No, you must wait until you receive advance parole to depart the U.S.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You cannot travel once I-485 has been filed unless you have a valid, dual-intent, non-immigrant visa in your passport. Obtain AP.

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    Jan Pederson

    Immigration Attorney
    Answered on

    No, unless you are traveling on an H or L visa and petition approval, you must wait until advance parole approved. That takes about five months. If there is an emergency, it is possible to get emergency parole travel document.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Unless you have an H-1B or an L-1A in place and a visa to return, you may not travel internationally until you get your travel permit called advance parole. The bad news is these sometimes take six months. Alternatively, you can consular process for the immigrant visa and continue traveling on the B-2 or another visa you are using now.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You actually need more than just a receipt for filing the I-485 application. Hopefully, you had filed I-131, the application for travel document, as you need approval of the I-131 to ensure your I-485 is not declared abandoned if you were to travel without filing an I-131. Advisably, consult with your immigration attorney to make sure all necessary steps are taken with regards to I-131.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You need to file I-131 and receive approval before you travel. If you leave the country without the permission to travel, I-131, your I-485 will be considered abandoned.

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