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What happens if the I-829 expires when the EB-5 applicant is abroad?

A Chinese national's I-829 application was filed in Jan. 2016. She went back to China after the finishing her biometrics appointment. She is having some medical issues and needs to stay in China until March 2017. Will this cause any problems, as she does not have a re-entry permit? Her I-829 receipt will expire in Jan. 2017. How can she come back to the United States in April 2017? Can she get travel documents from the U.S. consulate in China?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    An option is to go to the U.S. consulate and explain the reasons for the delay in returning to the United States. The U.S. consulate has the authority to authorize the return to the United States.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Nothing needs to happen. USCIS is required to provide your friend documentation of her conditional resident status until the status is removed or the I-829 has been denied. At this point in time, neither of those conditions has occurred. For those whose conditional status expires while abroad, the person can obtain a transportation letter documenting conditional resident status. The transportation letter can be obtained at the U.S. consulate in China. Your friend would be admitted with the transportation letter.

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    John J Downey

    Immigration Attorney
    Answered on

    The best bet is to get an appointment with the U.S. consulate in China and make them aware of her situation. Then apply to USCIS for an extension period with proof of her medical condition.

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    Charles Foster

    Immigration Attorney
    Answered on

    Obviously in the facts submitted, an individual should not leave the United States unless and until they have a valid, unexpired travel document and one that will not expire while they are abroad. As suggested, the individual could apply for a U.S. reentry permit or extend their temporary stay. It is too late to apply for a U.S. reentry permit because one must be in the United States at the time of application. If she has a valid Form I-829 receipt showing that she timely filed an application to remove conditions with a temporary I-551 stamp that expires in Jan. 2017, she may have difficulty boarding the airplane. She should have made an InfoPass appointment to renew the temporary I-551 stamp. If she can board, she is likely to be admitted when she returns to the United States after being sent to secondary.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    An extended absence of more than one year is a problem, unless medical circumstances absolutely prevent reentry. Moreover, entering without a valid travel document is problematic. I strongly advise to return before expiration of the receipt, as getting a boarding letter from the U.S. consulate is not easy.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    She can request a boarding letter from the U.S. consulate there. As long as her I-829 is pending, she remains a conditional lawful permanent resident and she is entitled to evidence of such status. She might need to prove that her extended absence from the United States was due to medical issues and not due to her abandoning her intention to permanently reside in the United States. An absence of more than one year from the United States can be difficult to overcome except in extreme circumstances.

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