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How can an EB-5 investor travel with a pending I-829?

My I-829 is still pending and the green card extension receipt will expire in July 2015. I am planning to go back to China at the end of June. In August I will go to Canada from China and then I will return to the United States from Canada. What if I still do not receive my permanent green card before my trip and my I-829 receipt expires? How can I come back to the United States? How can I get an extension for my status? Also, can I go to Canada from China with just my extension letter or I-551 stamp since my actual green card was lost?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The local office of the USCIS may insert a notation in your passport indicating the I-829 is still pending and as a result you will be able to travel back to the United States.

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    John J Downey

    Immigration Attorney
    Answered on

    I would first file the I-90 form for a lost green card, then make an Infopass appointment at your local USCIS office. Explain your situation and ask for the I-551 stamp.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You are entitled to work and travel authorization while your I-829 is pending. If your extension receipt will expire soon and you plan to travel after that date, you can obtain an extension stamp in your passport at your local USCIS district office via an Infopass appointment.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Make an INFOPASS appointment at the local USCIS office and request a stamp in your passport; bring current passport, expired PR card, and extension receipt.

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    Sufen Hilf

    Immigration Attorney
    Answered on

    You should be able to travel by using your expired green card plus your I-829 receipt if there is no decision on your I-829 and your I-829 is still valid. If the I-829 expires, you should take your green card to the local USCIS office with your I-829 receipt to get an I-551 stamp on your valid passport before traveling outside the United States.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your conditional residency is extended while your I-829 is pending. Your immigration lawyer who helped you could make an Info Pass appointment at the local USCIS office for you so that you get your passport stamped for the extension before you leave.

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