I have been invited to speak at an industry conference in Germany in three months, but my adjustment of status for my EB-5 application is still pending. How can I travel?
Answers
Lynne Feldman
EB-5 Immigration attorneysNormally, you would travel with advance parole. Did you request this with the I-485? Alternatively, if you are in H or L status and have that visa to return, you can travel. If none of these, you will need to apply for emergency advance parole. If you leave without any of these, your I-485 will be considered abandoned.
David S. Santee
EB-5 Immigration attorneysMost adjustment of status applicants must obtain advance parole before leaving the U.S. Leaving without advance parole is considered to be an abandonment of the adjustment application. However, some applicants who have dual-intent visas (e.g., H-1B, L-1) may leave without advance parole without abandoning their applications for adjustment of status. It is important that you speak with your immigration lawyer about this before leaving the U.S.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysYou can apply for an advance parole travel document, which would allow you international travel while your AOS is pending. I usually recommend avoiding international travel while AOS is pending, unless extremely necessary.
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.