Form I-131 EB-5: applying for an Advance Parole travel document for investors

Form I-131 EB-5 is the application for international travel permission (Advance Parole — AP) for investors who have filed an I-485 and want to keep the ability to leave the United States while waiting for their conditional green card to be approved. It is an essential document for protecting the I-485 — because leaving the United States without Advance Parole will be treated by U.S. Citizenship and Immigration Services (USCIS) as abandonment of the AOS application, leading to denial of the green card.

For Vietnamese investors who often need to return to Vietnam to visit family, manage businesses or handle property transactions, Form I-131 EB-5 is not optional but a necessity. This article analyses in detail the rules, the filing, processing times and the difference between Advance Parole and a permanent resident’s Re-entry Permit.

What Form I-131 EB-5 is

Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records) is the application for various travel documents issued byU.S. Citizenship and Immigration Services (USCIS). It is used for many purposes: Advance Parole for applicants with a pending I-485, Re-entry Permits for permanent residents, Refugee Travel Documents and some other special travel documents.

In the context of thevisa EB-5, Form I-131 is used to apply for Advance Parole — the document that lets an investor with a pending I-485 travel internationally without being treated as having abandoned the AOS application. It is a legal benefit for adjustment of status applicants under INA Section 212(d)(5)(A).

The legal basis of Advance Parole is USCIS’s discretionary authority to “parole” individuals into the United States for urgent humanitarian reasons or significant public benefit. For applicants with a pending I-485, USCIS routinely grants Advance Parole as standard practice, although legally it remains discretionary.

Why Advance Parole matters for EB-5 investors

The core principle every EB-5 investor usingadjustment of statusmust understand: if you leave the United States while the I-485 is pending without Advance Parole, USCIS will treat the I-485 as abandoned and deny it. This is a strict rule under 8 CFR 245.2(a)(4)(ii).

The consequences of abandoning the I-485 by leaving the United States without Advance Parole:

• The I-485 is denied immediately
• The I-485 fee already paid is not refunded
• The process must be restarted from scratch — usually through consular processing
• Significant loss of time and resources
• Possible impact on residence status if the current visa has expired

Because of these serious consequences, filing the I-131 together with the I-485 from the outset is a preventive strategy recommended by most EB-5 immigration lawyers, even if the investor has no immediate travel plans.

Exceptions for H, L, K and V visa holders

There are some narrow exceptions to the abandonment rule. Under USCIS rules, if the investor holds a valid visa in the H (H-1B, H-4), L (L-1, L-2), K (K-1, K-3) or V categories and maintains eligibility in those categories, they can travel internationally on their current visa without Advance Parole.

However, this exception does not apply to:

• Investors holding F-1 (student), J-1 (exchange) or B-1/B-2 (tourist/business) visas
• Investors holding E-2 visas (treaty investors) — although close to EB-5, they are not in the exception group
• Investors whose current visa has expired

Because of the complexity and serious consequences of misapplying the exception, most immigration lawyers recommend filing the I-131 even when the investor qualifies for the exception — as a precaution to protect the application.

The difference between Advance Parole and a Re-entry Permit

Some investors confuse Advance Parole (granted to applicants with a pending I-485) with a Re-entry Permit (granted to permanent residents who already have a green card). They are two different documents with different purposes and holders.

Comparison of Advance Parole and the Re-entry Permit:

Factor	Advance Parole	Re-entry Permit
Who it is for	Applicants with a pending I-485	Permanent residents (with a green card)
Purpose	Avoiding abandonment of the I-485 when travelling abroad	Avoiding loss of permanent resident status during a long absence
Form used	I-131 (Part 1, Item 1.d or 1.e)	I-131 (Part 1, Item 1.a)
Validity	Usually 1–2 years, renewable	Up to 2 years; possibly up to 1 year for people who have spent a lot of time abroad
Biometrics required	Usually reused from the I-485	Usually requires separate biometrics
When it applies in EB-5	While the I-485 is pending	After receiving the conditional green card

Both documents are applied for on Form I-131, but as different application types. This article focuses on Advance Parole — the document that applies while the I-485 is pending.

Documents to file with the I-131 EB-5

An I-131 EB-5 application for Advance Parole is relatively simple, especially when filed together with the I-485 andI-765. Most documents proving status were already filed with the I-485.

Core documents for the I-131 EB-5:

• The completed Form I-131, with Advance Parole correctly selected as the purpose (Part 1, Item 1.d)
• A copy of the Receipt Notice (I-797C) for the filed I-485
• A copy of the I-526E Receipt Notice (if applicable) or the I-526E approval notice
• A copy of the passport information page
• A copy of Form I-94 showing entry and exit history
• 2 visa photos, 2×2 inches, as required by USCIS
• A copy of the previous Advance Parole document (if applying for a renewal/replacement)

Investors applying for Advance Parole for urgent reasons (a funeral, a relative’s serious illness) can also attach:

• Evidence of the emergency (death certificate, medical records)
• An expedited processing request
• The planned travel itinerary

Part 1 of Form I-131 has several items for different types of travel documents. For a standard EB-5 case, Item 1.d is used — “I am in the United States and am applying for an Advance Parole Document to allow me to be paroled into the United States on my return from abroad, based on a pending I-485.”

Filing fees for Form I-131 EB-5

The I-131 fee changed significantly from 01/04/2024, when USCIS introduced its new fee rule. This is an important difference from the previous rules.

Fee rules before 01/04/2024

Before that date, when the I-131 was filed together with the I-485 (or after the I-485 had been filed under the same principal case), the I-131 was free because its fee was included in the I-485 fee.

Fee rules from 01/04/2024 to date

Under the new fee rule, USCIS charges a separate I-131 fee even when it is filed together with the I-485. Specific fees are published by USCIS on its official website and may change periodically.

Current I-131 EB-5 fee scenarios:

• Filed together with the I-485: a separate fee under the USCIS fee schedule
• Filed after the I-485 has been filed (standalone): a separate fee
• Renewing Advance Parole while the I-485 is still pending: a separate fee
• Replacing a lost, stolen or damaged Advance Parole document: a replacement fee

Since 01/09/2022, USCIS has not accepted combined payments for the I-526E and accompanying forms. Each form requires a separate payment.

The combo card: EAD and Advance Parole combined

One of the most important benefits of filing the I-765 and I-131 together is the possibility of a combo card — a single physical card combining both the EAD and Advance Parole. It is a special Form I-766 issued by USCIS.

Features of the EB-5 combo card:

• A single physical card stating “Serves as I-512 Advance Parole” as well as work authorisation
• Allows both working freely in the United States and travelling internationally
• Usually valid for 1–2 years and renewable
• Tracked in the USCIS system with event code C55

To receive a combo card, the investor must file the I-765 and I-131 together in the same package. If only one of the two forms is filed, USCIS will only issue the corresponding document (a standard EAD or a separate paper Advance Parole).

USCIS began issuing combo cards widely in 2022 for applicants with a pending I-485. It was a simplification compared with issuing each document separately as before.

Form I-131 EB-5 processing times

Form I-131 processing times for Advance Parole in 2026 vary quite widely depending on the USCIS service centre and the complexity of the application.

According to 2026 USCIS data, I-131 processing times for Advance Parole are usually:

• Concurrent filing with the I-485 and I-765: 4–7 months (usually receiving a combo card)
• Standalone filing (after the I-485 has been filed): 4–8 months
• Some general cases: 16–21 months (according to official USCIS data, April 2026)

The large gap between data sources reflects reality: processing time depends heavily on the type of Advance Parole, the specific service centre and the workload at the time of filing.

Factors affecting processing time:

• The service centre handling the application
• The type of Advance Parole (for a pending I-485, for TPS, for parole-in-place)
• The completeness of the initial filing
• Whether separate biometrics are required or reused from the I-485
• The level of backlog at USCIS

Investors can follow official processing times on the USCIS Case Processing Times page. It lets you look up times by specific form and service centre.

Rights and limitations of Advance Parole

Advance Parole brings many benefits but also has some important limitations investors need to know.

The rights granted by Advance Parole

With valid Advance Parole, the investor can:

• Leave the United States and return by being “paroled” through a port of entry without abandoning the I-485
• Make multiple trips during the document’s validity (multiple entry)
• Present a Vietnamese passport in countries around the world
• Show the combo card to airlines as permission to return to the United States

Limitations of Advance Parole

However, there are some important limitations:

• It is not a visa: Advance Parole is not a visa and does not automatically allow entry — the final decision rests with U.S. Customs and Border Protection (CBP) at the port of entry
• It does not protect against inadmissibility: if new legal problems (breaches of the law) arise while abroad, CBP may refuse entry
• It does not protect against the 3-year/10-year bar: if the investor accrued more than 180 days of unlawful presence before filing the I-485, Advance Parole may not protect against the re-entry bar
• It can expire while you are abroad: if Advance Parole expires while the investor is abroad, they cannot return to the United States

Special note on removal proceedings

For investors in removal proceedings or with a final removal order, Advance Parole does not protect against the legal consequences of those proceedings. This is rare among EB-5 investors but worth noting.

The I-131 EB-5 filing process step by step

The process for filing the I-131 EB-5 for Advance Parole is similar to the other forms in the AOS package. However, there are some points that need special attention.

Step 1: Prepare the application

Gather all the necessary documents, including the I-485 Receipt Notice, a copy of the passport, Form I-94 and visa photos. Complete Form I-131 in full, selecting the Advance Parole application type in Part 1, Item 1.d.

Step 2: File the application

File the I-131 using one of two methods:

• Online: create an account at my.uscis.gov and file electronically
• Paper: send it by post to the designated USCIS address

Important: when filing online, you must choose the correct Advance Parole category. Choosing the wrong category can lead to denial of the application with no refund.

For concurrent filing, send the I-485 + I-765 + I-131 package to the same address.

Step 3: Receive the Receipt Notice

After about 2–4 weeks, USCIS sends an I-797C Receipt Notice confirming receipt of the application. Note: the Receipt Notice is NOT Advance Parole — the investor cannot leave the United States with only a Receipt Notice.

Step 4: Biometrics (if needed)

For most I-131 applications for Advance Parole, USCIS reuses the biometrics collected with the I-485. In some special cases, however, USCIS may request them again.

Step 5: Approval and receipt of the card

Once the I-131 is approved, USCIS produces the Advance Parole document (or a combo card if filed together with the I-765) and sends it by post. Only once the physical document is in hand can the investor leave the United States.

Important notes when using Advance Parole

Some rules must be followed without exception when using Advance Parole to avoid the risk of losing residence status.

Always carry all your documents

When travelling internationally on Advance Parole, the investor must carry:

• The combo card or Advance Parole document (the original, not a copy)
• A Vietnamese passport valid for at least 6 months
• The I-485 Receipt Notice to prove the application is pending
• Contact an immigration lawyer to resolve any problems at CBP

Track validity closely

Advance Parole has a fixed validity period. Returning to the United States before the document expires is an absolute requirement. Investors should:

• Plan to return at least 1–2 weeks before the document expires (allowing for flight changes and delays)
• File for Advance Parole renewal at least 120 days before the document expires if the I-485 is still pending
• Avoid staying abroad beyond the document’s validity

Cooperate with CBP at the port of entry

When returning to the United States, the investor must answer the CBP officer truthfully. CBP will:

• Check the Advance Parole document and passport
• Verify the I-485 status in the system
• Possibly ask about the purpose of the trip
• Issue a new I-94 with “parole status” — not a visa

The CBP officer has the final authority at the port of entry. In the rare case that CBP refuses parole, the investor has the right to ask to speak to a supervisor and to contact a lawyer.

Conclusion

Form I-131 EB-5 for Advance Parole is an essential document protecting the investor’s AOS application while the I-485 is pending. The absolute rule: leaving the United States without Advance Parole will cause the I-485 to be denied as abandoned — a consequence no investor can accept after investing 800,000 USD to 1,050,000 USD.

For investors using concurrent filing, filing the I-485 + I-765 + I-131 together opens up the possibility of a combo card combining both the right to work and the right to travel internationally. This is one of the core advantages of adjustment of status over consular processing — letting investors maintain their life and career in the United States from the very start of the journey to aUS permanent resident card.