Advance Parole for EB-5 Investors

Can an EB-5 investor apply for Advance Parole to travel?

Yes, EB-5 investors can apply for Advance Parole (AP), which allows them to travel outside the United States while their Form I-485 (Adjustment of Status) application is pending. This travel permission is essential for EB-5 investors to temporarily leave and re-enter the U.S. without abandoning their immigration status adjustment process.

How can EB-5 investors expedite their Advance Parole?

EB-5 investors can expedite their AP through an INFOPASS appointment at the local USCIS office in case of an urgent need to travel. However, expediting AP at the I-485 filing stage requires demonstrating an exceptional circumstance, as the standard processing times are designed to accommodate various travel needs.

USCIS may consider expediting advance parole applications for compelling reasons such as business emergencies or significant personal hardship. For example, an EB-5 investor may need to travel abroad urgently to care for a terminally ill parent or spouse, or to attend a funeral of a close relative. An EB-5 investor must establish a quantifiable and substantial hardship, making their request stand out to be able to expedite their advance parole. It’s important to remember that expedited processing is rare and typically reserved for extraordinary cases. It is recommended to consult with an immigration attorney for personalized guidance and to assess eligibility for expedited processing.

How long is an emergency Advance Parole valid?

The validity period of Advance Parole depends on the urgency of the situation. An EB-5 investor will likely get Advance Parole that lasts for the duration of the emergency only in case of an expedite request. This means that instead of the usual 2 years, an EB-5 investor may only have a few weeks or a month to use their Advance Parole.

Will an EB-5 investor’s entry at the border take longer if they are using Advance Parole?

It may cause some delay at the border if an EB-5 investor is using Advance Parole as their only entry document. This is because some CBP officers may want to check an EB-5 investor’s pending I-485 application, which is the reason for their Advance Parole. This is a normal procedure at some entry ports and should not be a cause of concern. An EB-5 investor can simply inform the CBP officers about their ongoing I-485 adjustment of status application if questioned.

Can an EB-5 investor with an EAD and Advance Parole re-enter the U.S. without any issues?

An EB-5 investor with an Automatic Employment Authorization Document (EAD) and Advance Parole can re-enter the U.S. without any problems, as long as they do not have a criminal record or prior overstays. However, for H-1B or L-1 visa holders, they should use their valid work visa to re-enter the US. Otherwise, they will lose their work status upon entry using AP. H-1B or L-1 visa holders can still use their EAD for work after re-entering the U.S. using AP.

Will an EB-5 investor’s Advance Parole application be denied if they travel outside the US while it is pending?

Yes, an EB-5 investor’s Advance Parole application can be denied if they travel outside the United States while their application is still pending. An Advance Parole application allows an EB-5 investor to travel outside the U.S. and re-enter without jeopardizing their pending adjustment of status to permanent residency. An EB-5 investor may lose their AP application and may have to apply again if they leave the US before their application is approved.

Can an EB-5 investor use their pending I-131 to re-enter the U.S. if it was approved while they’re outside the country?

No, an EB-5 investor cannot use their pending I-131 to re-enter the country if it was approved while they’re outside the US. This is because USCIS may revoke the Advance Parole document that was issued by mistake, and deny the admission of the investor based on it. The investor would need a valid visa or other entry document to re-enter the U.S. legally.

Can an EB-5 investor travel outside the US while their Form I-485 is pending?

An EB-5 investor may lose their chance to adjust their status if they leave the United States without getting an Advance Parole or a valid immigrant visa while they have a pending I-485. An EB-5 investor should consult with an immigration lawyer before they travel outside the US  while they are waiting for their Form I-485 to be approved.

What happens if an EB-5 investor needs to travel while their Form I-485 is pending?

It is not recommended to travel outside the U.S. while an EB-5 investor has a pending I-485 because it may result in the abandonment of the application. However, an EB-5 investor can re-enter the U.S. using their Advance Parole as long as they have obtained their AP before leaving the US. Using the Advance Parole document will make the EB-5 investor a parolee until their I-485 is approved.

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