+1-800-997-1228
Questions & Answers

What should I do if my temporary conditional green card expires before I-829 approval?

My I-829 petition is still under adjudication (it was filed in July 2014). In August, I lost my conditional green card and I was granted a temporary one on my passport. The expiry date of that temporary green card will be mid-Feb 2015. What if at that time I am still not granted a permanent green card? Do I need to get a replacement card right now?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your conditional lawful permanent residence status remains in effect and is valid until your I-829 is adjudicated. You are eligible to receive an extension stamp in your passport as evidence of your continuing status. Typically, your I-829 receipt will serve as proof of the one-year extension of your conditional permanent resident status, work and travel authorized. If your I-829 petition remains pending beyond one year, which is unusual, you can receive the extension stamp by attending an Infopass appointment at your local USICS district office.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    Yes, I would file for it now.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    You should retain an experienced EB-5 immigration attorney to assist you. Extensions may be attained and you should proceed now.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Prior to expiration of the current I-551 stamp in your stamp, please schedule an InfoPass appointment at your local USCIS office. Take the I-829 Receipt Notice (USCIS Form I-797) and your passport with you and the USCIS officer will stamp a new I-551 in your passport. You will continue receiving extensions on your conditional permanent residence while the I-829 is pending. The attorney who filed your I-829 can help you with this process.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You will get an original receipt extending your conditional green card for another year. If that is not long enough and the I-829 is still pending, you go to the district office with an INFOPASS appointment and they will give you additional stamps in your passport.

  • Avatar

    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    When the I-829 is pending, your conditional green card is deemed to be extended. If you lost the actual card, it is unlikely to get a replacement green card. Instead, you will need to make an InfoPass at your local USCIS to request I-551 stamping in your passport. The stamp will have the following language - Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. If your I-829 is still pending, you can get another stamp in your passport by scheduling an appointment with your local USCIS office.

  • Avatar

    Matthew Kolodziej

    Immigration Attorney
    Answered on

    Your conditional residence will be extended while the application to remove conditions is pending. You do not need a new card now; you can go to an InfoPass appointment at a USCIS field office and get a new stamp in your passport by showing them your pending application.

  • Avatar

    Melanie Yang

    Immigration Attorney
    Answered on

    The temporary green card stamp I-551 can be used as evidence of conditional permanent residence. It is not necessary to apply for a replacement and USCIS will not issue a replacement conditional green card. Just wait, I-829 will be approved fairly soon in six to nine months.

  • Avatar

    Sufen Hilf

    Immigration Attorney
    Answered on

    Yes. You will go to USCIS office to get another one based on the pending I-829.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes, you should get a replacement card as soon as possible.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.