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What happens if our I-797 expires?

My family applied for the EB-5 visa and got a two-year green card that expired last September. We then filed the I-829 to remove conditions and got the I-797 receipt for a one-year extension. The I-797 is about to expire this September and we have not received any updates on our family's permanent green card process. What should we do at this point? What happens if our I-797 expires?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you timely filed your I-829, you should be OK. You may need to get a certain stamp in your passport to show you still have conditional status, even as the I-829 is pending.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can make an appointment at the local USCIS office and request an extension of the notice to allow you and the family to remain in the United States, be employed, and be able to travel back into the United States.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    If your I-829 is still pending, you should make an InfoPass appointment at your local USCIS field office or support center and obtain an I-551 stamp to extend your status.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    You can extend the evidence of your conditional lawful permanent residency by making an InfoPass appointment and obtaining a stamp indicating that your I-797 has been extended for at least one year.

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    Prior to the expiry of your I-797 extension, you should make an INFOPASS appointment and request I-551 stamps in your passports. These will generally extend your status for another 12 months for the duration of the I-829 processing.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    You need to contact USCIS for another extension. The delay is through no fault of your own.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can go to USCIS and apply for an ADIT stamp temporary green card extension.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    You should make an InfoPass appointment on USCIS's website. Bring your passport, I-829 receipt notice and expired green card. The officer there can give a stamp in your passport to extend your conditional residency.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    Before the one year period ends, make an appointment at a local U.S. Citizenship and Immigration Services Field Office and have your passport stamped for an additional year. Also, ask for the status of the removal of conditions.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Currently, USCIS is reporting that I-829 adjudication is more than 20 months. Thus, the one year extension that the I-797 provides is woefully inadequate. As your one year extension nears expiration, you should take that receipt notice and print out the USCIS processing time for I-829s and make an InfoPass appointment at the nearest USCIS office to get your passport stamped for another one year to show that you remain as a conditional resident pending I-829 adjudication.

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