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Questions and Answers > EB-5 Requirements

How can I travel abroad after biometrics appointment but before receiving my green card?

I applied for an I-131 (advance parole) together with my I-485 and I-130 (spouse). They are pending but I have gone to the biometrics appointment. Now I have to travel outside the U.S. How can I travel out of and back to the country before I receive the conditional green card? If my conditional green card comes in before I return, can my husband mail the card to me while I am abroad? Or is it better/possible to change the delivery address on USCIS to the address that I will stay overseas?

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Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You will need to wait until you receive your advance parole document to travel outside the US; otherwise, you run the risk of having your I-485 application considered to be abandoned.

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    Charles Foster

    Immigration Attorney
    Answered on

    Once you have applied for adjustment of status you cannot travel outside of the United States until you have received your advance parole. If you depart the U.S. before receiving your advance parole you will be deemed to have abandoned your application for adjustment of status and you may have no basis upon which to be re-admitted to the United States. If you travel outside of the United States and wait until you receive your conditional green card through the mail while overseas, you would still have a significant risk. You could be called back in for an interview or even more likely, the immigration inspector at the airport could notice that you had departed the United States prior to the approval of your conditional green card. In either case you could be barred from re-entering the United States. The short answer is you should not depart the United States until you have received your advance parole.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You may travel abroad (and re-enter the U.S.) on your advance parole travel document. If your conditional green card is approved or issued while you are abroad, you have two options: (1) your husband can courier you the card using a secure and trackable method (Fedex, DHS, etc.), but you still run the risk of the green card getting lost or (2) you can have your husband email you a copy of the green card and you can visit the nearest U.S. embassy or consulate abroad and ask for a boarding letter or boarding foil from the U.S. Citizen Services section. This document will allow you to clear customs abroad (if needed) and board your international flight for the United States. U.S. Customs and Border Protection at the U.S. port of entry will have some additional procedures and paperwork for you to complete, so be prepared for secondary inspection (delays).

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    You need to wait, at least, until your advance parole is approved. If you leave now your application for adjustment of status will be considered abandoned. Also, if your green card is family based, you will be interviewed in the United States. If you cannot wait for the advance parole to be approved, you may withdraw your application for adjustment of status and start visa processing.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    This situation does involve EB-5.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If your I-485 is pending, you need to wait until the advance parole is issued before you travel outside the United States. Otherwise, you would be abandoning your I-485 application.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you leave the U.S. without your I-131 approved, you abandon your adjustment of status normally. There are some exceptions such as H1b and L visa holders.

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    Tomas Resendez

    Immigration Attorney
    Answered on

    If you leave the United States without advance parole or before you receive your green card, USCIS will determine that you abandoned the petition, and you have to refile the green card petition.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You cannot travel without advance parole. If you do, your I-485 will be considered abandoned (unless you are on a valid H or L and still with that employer). If truly urgent you can make an INFOPASS appointment with the local district office and produce a medical letter or other proof of urgency.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You should wait until you get the EAD/Travel combo card before traveling. You will need to be interviewed with your spouse for the I-130 and I-485 and it is not a guarantee that you will be approved.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Prior to leaving consult your immigration attorney on this. Also, consider contacting the U.S. Citizenship and Immigration Services through the Infopass process for a face-to-face with immigration officials who can help address your issue.