I am an EB-5 investor with a pending I-485 application and a pending advance parole application. I am currently studying in the U.S. with an F-1 visa and an I-20. I will need to travel in two weeks. Can I use my student status to travel out of the country and then return, all without advance parole?
Answers
Julia Roussinova
Immigration attorneysNo, you must have advance parole to travel outside the U.S. or will be deemed to have abandoned your pending I-485. If you had H or L visa, then you could travel.
Bernard P Wolfsdorf
Immigration attorneysNo. If you travel before your advance parole is approved, your adjustment is deemed abandoned.
Barbara Suri
Immigration attorneysMy experience is that if one has a pending I-485, it is considered abandoned unless one's re-entry into the U.S. is other than by using the advance parole.
Charles Foster
Immigration attorneysNo, you cannot use your student visa to travel outside the U.S. and return once you have a pending application for adjustment of status on Form I-485. You would need to first obtain your advance parole and not depart the United States until you have done so. With such a document, you can depart the U.S. and re-enter on same.
Anastasia White
Immigration attorneysNo, if you don't want to jeopardize your pending I-485 application. As an F-1 visa holder, you may not leave the U.S. before advance parole is approved and issued. Otherwise, your application for adjustment of status (I-485) will be deemed abandoned. You may schedule an InfoPass appointment to request an emergency advance parole (as follows from the name, it is usually granted when travel is due to emergency circumstances).
Marko Issever
EB-5 Broker DealersNo. If you travel without issuance of your advance parole, you could potentially risk abandonment of your adjustment of status. You certainly do not want that. If you absolutely must travel, make an InfoPass appointment with the nearest USCIS office and explain your emergency.
Salvatore Picataggio
Immigration attorneysNope. The I-485 will be cancelled. Wait for the AP.
BoBi Ahn
Immigration attorneysAt this stage, if you travel abroad before you advance parole is issued, you risk abandoning your adjustment of status application. Therefore, you need to wait until the advance parole is issued before departing the U.S.
Belma Demirovic Chinchoy
Immigration attorneysGenerally, traveling wiper AP results in abandonment is the AOS except in certain dual-intent visas like H and L.
Lynne Feldman
Immigration attorneysNo you will then abandon your advance parole. If travel is an emergency make an appointment to go to the local office with an InfoPass and request an emergency advance parole.
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