Can You Leave the US While Processing Status Adjustment Application for EB-5 Program?

Many investors are concerned about whether they can travel outside the US while their EB-5 application is being processed. The answer depends on the filing method and the current stage of the immigration application. This article by Newland USA will analyze specific situations in detail and guide investors to make appropriate decisions.

1. Overview of Travel Regulations in the EB-5 Program

The EB-5 program allows investors and their families to leave the US during application processing, but this depends on several important factors. Understanding these regulations will help investor families avoid unwanted risks.

The decision to travel outside the US mainly depends on two factors: the initial filing method and the current stage of the EB-5 application. Each situation has its own advantages and disadvantages that investors need to consider.

2. Filing in the US – EB-5 Status Adjustment

2.1. EB-5 Status Adjustment Process Within the US

When investor families are present in the US on temporary visas, they can perform EB-5 status adjustment directly without needing to leave. This method is especially popular for families with children studying at US universities.

The EB-5 status adjustment process requires filing multiple types of documents simultaneously. First is Form I-526E – the official immigration petition in the EB-5 program. Next, families need to file Form I-485 to change status from temporary visa to permanent resident.

2.2. Supporting Documents for Travel

Lawyers typically recommend filing two other important forms as well. Form I-131 helps obtain an international travel permit (Advance Parole), allowing investors to enter and exit the US without needing a new visa. At the same time, Form I-765 will grant temporary work authorization, helping families work legally while waiting for the EB-5 application to be approved.

2.3. Advantages of EB-5 Status Adjustment

Choosing EB-5 status adjustment brings significant benefits. Investor families will receive travel permits and work authorization, allowing them to maintain normal life in the US. Particularly, they don’t need to return to Vietnam for interviews at the US Consulate.

This process also helps families avoid disruptions in work and studies, which is especially important for families with children in critical educational periods.

2.4. Limitations to Note

However, EB-5 status adjustment also has certain disadvantages. The total cost will be significantly higher due to filing multiple different forms. Each form has its own fee and requires various supporting documents.

While waiting for approval of travel and work permits, families should limit travel outside the US. Leaving the country during this time may cause difficulties when re-entering.

3. Filing from Vietnam

3.1. Characteristics of This Method

Many investor families choose to file their EB-5 application directly from Vietnam. In this case, they can still travel to the US on temporary visas like B1/B2 (business/tourism), as long as they fully comply with regulations regarding length of stay.

This method is suitable for families who don’t need immediate residence in the US or want to save costs during EB-5 program processing.

3.2. Advantages and Disadvantages

The biggest advantage of this method is significantly lower costs. Families only need to file Form I-526E without worrying about other accompanying documents.

However, the disadvantage is that families must wait until the EB-5 application is fully approved before they can move to live and work in the US. They are also required to attend interviews at the US Consulate in Vietnam.

4. Safe Times to Leave the US

4.1. After Receiving Green Card

After Form I-485 is approved and families receive their green cards, they officially become US permanent residents. At this point, international travel will not affect their legal status.

However, note that permanent residents must still maintain continuous residence in the US. According to regulations, they need to be present in the US for at least 6 months each year to maintain permanent resident status.

4.2. With Advance Parole

If Form I-485 is still being reviewed but the I-131 travel permit has been approved, families can travel outside legally. This permit helps minimize issues with customs when re-entering.

Even so, experts still recommend not leaving the US for too long to avoid unwanted complications.

5. Important Notes When Applying for EB-5

5.1. Initial Approval Waiting Period

While waiting for Forms I-131 and I-765 to be approved, families should carefully consider before deciding to leave the US. Although theoretically they can still travel, this may create difficulties when returning.

Customs officials have the right to question travel reasons and time spent outside. If unable to provide satisfactory explanations, investors risk being denied entry.

5.2. Emergency Situations

In unavoidable situations where families absolutely must return to their home country, investors can still make this trip. However, they need to prepare complete documentation proving the reason and ensure the time outside isn’t too long.

Consulting with an immigration lawyer before making the decision will help families make the most appropriate choice for their specific situation.

6. Conclusion

The EB-5 program allows investors to leave the US during application processing, but they must follow specific regulations depending on each stage. Understanding the processes clearly and preparing complete documentation will help families avoid unnecessary risks and ensure the immigration process proceeds smoothly.

Newland USA, with our team of experienced experts and the motto “Secure Settlement – Lifelong Prosperity,” is ready to advise and support clients with information related to the EB-5 investment program. Contact Newland USA immediately at hotline 0785591988 or email: newsletter@newlandusa.asia for detailed and free consultation.