You and your family are about to realize a lifelong goal: adjusting your status to permanent residency. But now you discover that you may have to travel overseas. Will this affect your chances of being approved for permanent green cards?
Unfortunately, many investors make the mistake of traveling while their Adjustment of Status—Form I-485—applications are being processed. If an EB-5 immigrant leaves the United States while his application is still pending, USCIS may assume that he has abandoned his application and even deny him reentry upon his return.
However, there are certain circumstances under which an alien investor may travel with an EB-5 visa while his adjustment of status application is being processed. The investor may seek advance permission – called advance parole, by notifying USCIS and demonstrating an unavoidable need to travel.
Here are a few things alien investors should know about obtaining advance parole:
- Advance parole may be used for multiple entries into the U.S. during AOS processing. If your application takes longer than one year to be approved, you may need to re-apply for advance parole.
- Advance parole is only available to aliens who are living within the U.S. All applicants who wish to travel during AOS processing must apply for advance parole while they are in the U.S., and must remain in the country until advance parole has been granted.
- Advance parole applications generally take between 60 and 90 days to be granted. If the alien can demonstrate a need to travel under emergent circumstances, he may apply for expedited advance parole.
- In some cases, use of an advance parole document for re-entry to the U.S. may jeopardize the non-immigrant status of an investor’s family members if they are not traveling with him.
At Jatoi & de Kirby, APC, we know how important it is for you and your family to maintain your valid immigration status. Our San Francisco EB-5 attorneys can advise you on how best to travel with an EB-5 visa, allowing you peace of mind as you conduct your business abroad.
Call us today at 415-221-2345 for more information, or click the link on this page for a FREE copy of our immigration guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.