+1-800-997-1228
Questions & Answers

How do I travel right after the EB-5 consular interview?

I have my interview scheduled a month from now but still have not received my permit to travel (I-131). I am needing to leave right after the interview to go back home. Do I get approved at the interview or do I have to wait again after the interview for the green card in order to be able to leave the U.S.? What should I do?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, one does not need permit to travel (I-131) for the EB-5 consular interview. Your fact pattern is somehow confusing. First, if you are in the US, why would you be doing a consular interview? Presumably, you will be doing an adjustment of status in the U.S., unless you choose to go outside the U.S. to do a consular interview. Second, if you need to leave right after the interview to go back home, meaning you are doing an interview in the U.S. and that would be an adjustment of status interview. Under this scenario, if you are approved, your passport will be stamped with a temporary green card and as such, you will still not need a permit to travel since you use your stamped passport can be used to travel outside the country and come back without any hindrance. Advisably, consult an immigration attorney for better clarification of your situation and facts.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your question appears to confuse immigrant visa processing abroad with adjustment of status processing within the United States. If you have a consular interview scheduled, then you do not need an I-131 travel document. You will enter the United States with your immigrant visa, assuming your application is approved. Immigrant visa issuance usually happens within a few days of the interview, assuming all documentation is in order and all background checks or other administrative processing has been completed.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not clear from the facts whether you have filed for adjustment of status after an I-526 approval or whether you are in a different non-immigrant status in the U.S. and have your EB-5 case scheduled for immigrant visa consular processing in your home country after I-526 approval. If it is the former, then you need to wait for advance parole (Form I-131) to get processed and travel on advance parole or you will abandon your pending I-485. In that case, you do not go through consular processing because you are adjusting status to a green card holder in the U.S., assuming you are eligible. If the latter, then you can depart the U.S. for consular processing when you have your interview date notice. When your immigrant visa is issued in the passport, you need to enter the U.S. during the six-month validity of that visa. When you get admitted on the immigrant visa you become a conditional permanent resident and your green card and SSN card will arrive by mail in about 30 to 60 days. Consult your immigration attorney with questions about the specifics of your case.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    You can file for and be issued an advance parole if you are adjusting status while in the U.S. (i.e., processing in the U.S.), not if you are consular processing. If you are consular processing, you will be issued an immigrant visa (which is proof of permanent residence approval), allowing you to travel to the U.S. Entering the U.S. using the immigrant visa is the triggering event for USCIS to produce the green card. The card will then be mailed to the U.S. address you provided in the immigrant visa processing.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can ask the officer for an approval stamp, but if you leave without permission, your application is deemed abandoned. Make sure you have evidence of the urgent need to travel, or they may not approve. Usually it takes two to three weeks at least, even if you approved. Also, for the interview make sure you can show you have never been out of status for even one day since entering.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If approved, you will get an immigrant visa attached to your passport in a matter of days. That allows you entry back into the U.S. The green card comes after that to your U.S. address or to your attorney.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you filed for the consulate process with DS-260 to obtain the interview, then you will not get the I-131 travel permit. I-131 is filed along with I-765 when you are doing the I-485 adjustment of status. With the consulate processing, you may leave at any time at your convenience and do the interview to obtain the immigrant visa before entering back into the U.S.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    If the officer approves you at interview then you can ask for an I-551 stamp; if not, you will need an emergency advance parole so bring all the forms and the fee for that.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    Did you apply to adjust your status or for consular processing? If you are adjusting your status, you will not have an interview at the consulate.

  • Avatar

    Marisa Casablanca

    Immigration Attorney
    Answered on

    Individuals who have been interviewed at the consulate will receive an immigrant visa stamp on their passport and they will be able to enter the U. S. The I-131 is not issued for consular appointments. It is issued in cases of changes of status to permanent residency. If you leave the U.S. After you have filed an adjustment of status and do not wait for the I-131, your adjustment of status application will be canceled.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If you go to your consular interview at the appropriate American consulate based upon your application to become a lawful permanent resident based upon an approved EB-5 investor petition, if all goes well you will be issued your immigrant visa and you will be eligible to enter the United States as a conditional lawful permanent resident. You will receive a stamp in your passport evidencing same and you will be mailed your conditional lawful permanent resident card. You would be free to travel in and out of the U.S. with the evidence of your conditional lawful permanent residency, which would normally be a stamp in your passport until such time as you receive your card. But you are saying something else; apparently you have filed an application for adjustment of status, so you are not going to your consular interview. You would not be able to leave the U.S. without abandoning your application for adjustment of status filed on Form I-485 unless and until you receive an advance parole, which normally takes 90 to 120 days to be issued from the date you file your application for adjustment of status based upon your approved EB-5 investor petition on Form I-526.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.