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For EB-5 investors navigating the complex path to U.S. permanent residency, maintaining travel flexibility while awaiting visa approval can be crucial. Advance parole, obtained through Form I-131, provides this essential freedom of movement. Let's explore what this means for you and how it can protect your immigration journey.
Advance parole is a travel document that allows certain individuals to re-enter the United States after traveling abroad without jeopardizing their pending immigration applications. For EB-5 investors and petitioners, this document is particularly valuable during two critical periods:
1. While awaiting adjustment of status approval
2. After receiving permanent residency (green card)
If you are an EB-5 investor currently in the United States on a non-immigrant visa and have filed for adjustment of status through concurrent filing, advance parole becomes your travel lifeline. Here's why:
Even after becoming a permanent resident, there may be situations where advance parole proves beneficial:
According to USCIS, Form I-31 processing times vary by application type and service center. For the most current processing times, applicants should check the USCIS processing times page and select their specific application type and service center. The advance parole document is typically valid for up to one year, but actual validity periods may vary based on individual circumstances.
1. Consult with an immigration attorney before traveling, especially if your EB-5 petition might be approved while you're abroad
2. Maintain valid documentation of your intent to reside permanently in the U.S.
3. Understand that advance parole doesn't guarantee re-entry; CBP officers still have discretion at ports of entry
4. If you have a pending Form I-485, you must be physically present in the U.S. when filing Form I-131
However, concurrent filing is only available when visa numbers are current for your country of origin. Currently, this applies to most countries except mainland China and India, which may face cutoff dates in the future.
Advance parole through Form I-131 provides EB-5 investors with crucial travel flexibility during the immigration process. Whether you're awaiting adjustment of status approval or managing your responsibilities as a new permanent resident, understanding and properly utilizing advance parole can help protect your immigration journey while maintaining your ability to travel internationally.
Remember that while advance parole offers significant benefits, it's essential to work with qualified immigration counsel to ensure you're maintaining compliance with all immigration requirements. Your specific situation may have unique considerations that should be carefully evaluated before international travel.
Given the complexity of immigration law and investment requirements, it's wise to work with qualified immigration attorneys and investment advisors who can guide you through the process and ensure you meet all program requirements. They can help you understand the nuances of your specific situation and maximize your chances of success.
The EB-5 team at Peachtree Group has more than 40 years of industry experience in EB-5. Have questions about EB-5, visit our website or contact us for more information .
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ATLANTA (May 28, 2024) – Peachtree Group ("Peachtree") has received its I-956F approval from the United States Citizenship and Immigration Services ("USCIS"), the government agency that oversees the EB-5 Immigrant Investor Program, for the development of a Home2 Suites by Hilton in Boone, N.C.
USCIS adjudicated the I-956F petition for the hotel development in just five months.
"It is a testament to the due diligence of the Peachtree team that it was able to get the project approved so quickly, especially when the published processing time is over 15 months," said Adam Greene, EVP EB-5 for Peachtree Group.
Peachtree originated $21.7 million of fixed-rate construction financing over a five-year term for Narsi Properties to develop a 105-room Home2 Suites by Hilton near downtown Boone. This historic town, situated in the vibrant mountains of western North Carolina, is close to Appalachian State University, its 22,000-plus students and faculty, and numerous other demand generators including three of the most popular ski resorts in the state. The hotel is expected to be completed by Fall 2024.
Key demand generators for the hotel include:
"Construction is underway, demonstrating tangible progress and reducing initial project risks. Importantly, even as we raise EB-5 capital, Peachtree has bridged the loan, offering certainty of execution for the project and is maintaining an equity stake aligned with the same risk level as our EB-5 investors. This commitment ensures our interests are directly tied to the project's success, reassuring all stakeholders," said Greene.
The EB-5 visa program provides the opportunity for foreign investors to potentially obtain a green card in exchange for making a significant investment in a new commercial enterprise that creates jobs in the U.S. Under the program, foreign nationals who invest a minimum of $800,000 in a U.S.-based project that creates or preserves at least ten full-time jobs for U.S. workers are eligible to apply for permanent residency in the U.S.
Key requirements of the EB-5 visa program:
"Peachtree Group launched its EB-5 program last year to provide an important financing tool that enables us to continue funding job-creating projects across the country," said Greg Friedman, Peachtree's CEO and managing principal. "This hotel development is expected to create roughly 328 jobs."
About Peachtree Group
Peachtree Group is a vertically integrated investment management firm specializing in identifying and capitalizing on opportunities in dislocated markets, anchored by commercial real estate. Today, the company manages billions in capital across acquisitions, development and lending, augmented by services designed to protect, support and grow its investments. For more information, visit www.peachtreegroup.com.
