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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

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    Answered on

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

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    Answered on

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

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    Answered on

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

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    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.

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    John J Downey

    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.

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    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.

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    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.

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    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.

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    Answered on

    That should not affect your I-829.

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    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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