Advance Parole vs. Reentry Permit: What’s the Difference?

Both an advance parole and a reentry permit are travel documents that facilitate international travel and reentry to the U.S. for non-U.S. citizens. If EB-5 investors wish to travel abroad, which one they will need depends on their stage within the EB-5 process.

In this article, we’ll examine both the advance parole and reentry permit, at what point an EB-5 investor needs either of them, and the differences between these travel documents.

What Is Advance Parole?

Advance parole (AP) is a travel document that is used to allow specific categories of foreign nationals to reenter the U.S. after traveling abroad. This document is used by investors adjusting their status to legal permanent residents who need to travel while their Form I-485 is pending adjudication.

Ordinarily, traveling out of the U.S. while your adjustment of status application is pending equates to abandoning your Green Card application. The U.S. Government, however, understands that fully prohibiting international travel would be overly restrictive—foreign nationals may need to travel for work or for family or may simply wish to go on vacation.

An AP thus allows U.S.-based EB-5 investors to travel abroad and reenter the U.S. without abandoning their pending I-485 petition.

Eligibility Criteria for Advance Parole

An AP is available only to foreign nationals with pending Green Card or asylum applications and to those granted refugee status.

Once an EB-5 investor files for adjustment of status, they are automatically eligible for an AP should they need or want to travel outside the U.S.

Advance Parole Application Process and Validity

Before the EB-5 Reform and Integrity Act of 2022 (RIA) was enacted, EB-5 investors had to file their I-485 petition (after their I-526E approval) and receive an I-485 receipt notice from USCIS before applying for an AP. Now, though, EB-5 investors can concurrently file Form I-131 with their I-526E, I-485, and employment authorization documentation (EAD) petitions.

USCIS processes the AP and EAD applications before the I-526E and I-485 petitions. And EB-5 investors typically get their AP within 10 to 16 weeks, though this timeframe depends on each applicant’s unique case and can be much faster. This has significantly streamlined the process for EB-5 investors and made international travel more accessible.

Moreover, while the AP used to be issued for a year, since USCIS has started issuing it as a combo card with the EAD, its validity duration has significantly increased. Recent USCIS policy updates allow issuing the EAD/AP combo card for up to five years.

Lastly, if you do not receive your Green Card before your AP expires, you can renew it as needed.

What Is a Reentry Permit?

A reentry permit is a travel document used by U.S. permanent residents to reenter the U.S. after extended stays abroad. An EB-5 investor who has received conditional permanent residency can apply for a reentry permit if they want to travel overseas for over six months.

Without a reentry permit, extended trips abroad create risks of government authorities considering you as having abandoned your permanent resident status, and Customs and Border Protection can then deny you reentry to the U.S. A reentry permit ensures that you can reenter the U.S. after an extended stay abroad without losing your permanent resident status.

Unlike the simple, single-page AP, a reentry permit is issued as a bound booklet and serves as the primary travel document for its holder.

Eligibility Requirements for a Reentry Permit

A reentry permit is available to all Green Card holders, including those with conditional permanent residency.

EB-5 Green Card holders who want to spend more than six months but less than two years abroad to oversee a business or care for family must apply for a reentry permit. As mentioned above, failure to do so may constitute abandonment of your legal permanent resident status, and you may be unable to reenter the U.S.

Reentry Permit Application Process and Validity

Like the AP, you can apply for a reentry permit by filing a Form I-131. You must file Form I-131 while physically in the U.S. and complete biometrics before leaving. The reentry permit can be mailed abroad, but you should not depart before biometrics.

A reentry permit is typically valid for two years. You must return to the U.S. before the permit expires to avoid any reentry or immigration problems.

Differences Between an Advance Parole and a Reentry Permit

Although you apply for an AP and a reentry permit with the same form, these two documents have different purposes and serve different categories of foreign nationals in the U.S.

Below are some differences between an AP and a reentry permit.

Start Your EB-5 Process Today and Obtain Your Advance Parole in a Few Weeks

An AP enables U.S.-based EB-5 investors to travel internationally while awaiting Form I-485 approval. And thanks to the RIA’s concurrent filing provision, you can file Form I-131 simultaneously with your I-526E and I-485 petitions—meaning you can travel abroad within weeks.

However, concurrent filing is only possible if a visa is available to you at the time of your I-526E filing. With the upcoming backlogs in the set-aside categories, prospective EB-5 investors from high-demand countries may have a limited time to enjoy concurrent filing. It’s best to start your EB-5 journey today to obtain an AP before reserved category visa retrogression appears on the monthly visa bulletin.

EB5AN can help you fast-track your EB-5 process. In 10+ years of practice, we’ve helped over 2,700 families from 70+ countries become U.S. permanent residents through the EB-5 program. We provide first-rate, low-risk regional center projects with a 100% USCIS approval rate.

For more information about the EB-5 program or help starting the EB-5 process, book a free one-on-one call with our team of experts today.