With a pending EB-5 I-485, a valid F-1 visa and AP, which one should I use while reentering the U.S.? - EB5Investors.com
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With a pending EB-5 I-485, a valid F-1 visa and AP, which one should I use while reentering the U.S.?

I have a pending EB-5 I-485, a valid F-1 visa, I-20, and advance parole. I want to keep my F-1 student visa valid while my I-485 is pending. If I re-enter the U.S. after traveling to my home country, in order not to jeopardize my I-485, do I need to use the AP to enter? Or can I use my F-1 visa to enter?

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Answers

Julia Roussinova

Julia Roussinova

Immigration Attorneys Directory
Answered on

If you want to keep your underlying F-1 while I-485 is pending, do not travel. If you need to travel, must reenter the US on AP and will be a parolee until I-485 AOS is adjudicated.

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys Directory
Answered on

You must use the advance parole document when seeking to be readmitted to the U.S.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys Directory
Answered on

If you do not travel, you can keep your F-1 status. But if you do travel, you will need to re-enter on your AP.

Lynne Feldman

Lynne Feldman

Immigration Attorneys Directory
Answered on

AP now that I-485 is filed as F-1 is a nonimmigrant status and the I-485 clearly indicates immigrant intent.

Mitch Wexler

Mitch Wexler

Immigration Attorneys Directory
Answered on

Must use AP and you will no longer be in F status.

Carolina Kripinski

Carolina Kripinski

Immigration Attorneys Directory
Answered on

If you leave the country, you would need to use the Advance Parole document. Otherwise, immigration would understand that you withdrew the I-485 case. However, by reentering the country with the Advance Parole, your student status will no longer be valid. In other words, if you want to protect your student status while the EB-5 and I-485 are pending, you should not leave the U.S.A.

Dennis Tristani

Dennis Tristani

Immigration Attorneys Directory
Answered on

You should use your F-1 visa to reenter the country in F-1 status. Entering using your advance parole document will cause your F-1 status to be terminated. So long as you already have advance parole when you depart the U.S. in F-1 status, reentering the U.S. using your F-1 visa will not jeopardize your pending I-485.

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