How would an I-131 reentry permit affect a filed I-829? - EB5Investors.com

How would an I-131 reentry permit affect a filed I-829?

Can I apply for an I-131 reentry permit if my I-829 filing is still pending? Will it cause any problems with my permanent residency eligibility?

Answers

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

The USCIS receipt of the I-829 filing will allow a reentry into the United States.

Xiaosheng Huang

Xiaosheng Huang

Immigration Attorneys
Answered on

You can apply for the reentry permit and it will not cause any problems to your I-829 application.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

You should still have a valid green card, yes? That should allow you to travel even while the I-829 is pending.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

As a conditional lawful permanent resident, you are entitled to all of the rights, privileges and benefits of any other U.S. lawful permanent resident. Therefore, you may apply for (and obtain) a reentry permit. Such application should not cause any problems for your permanent residency eligibility.

John J Downey

John J Downey

Immigration Attorneys
Answered on

If your I-829 is pending, then I assume you have your conditional permanent residency(?) So a re-entry permit should not affect the I-829.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Filing for a reentry permit does not affect in any way your Application to Remove Conditions filed on Form I-829. Yes, you may apply for a U.S. reentry permit on Form I-131. It will not cause any problems with your permanent residency eligibility. To the contrary, it evidences same.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Ordinarily the reentry permit will only be approved up until the period of validity of the green card, or the extension granted by virtue of the I-829 filing.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Yes, one can apply for the I-131 reentry permit while your I-829 filing is pending. It should not cause any problem with permanent residency eligibility.

Peter Zhang

Peter Zhang

Immigration Attorneys
Answered on

That should not affect your I-829.

Raymond Lahoud

Raymond Lahoud

Immigration Attorneys
Answered on

One is still a conditional lawful permanent resident during the time that the I-829 is pending. There should not be a need to secure a travel authorization for temporary travel abroad. Regulations provided that one's status is automatically extended until the petition is adjudicated. USCIS will typically generate a receipt notice that shows the extension. Using this, one could travel on the expired lawful permanent residence card, passport and the extension/receipt notice. You can also get a stamp on your passport showing that you are still a conditional permanent resident by going to a USCIS field office (during the pendency of your I-829). It is best that you speak to an immigration attorney before you do anything, however.

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