My I-829 is still pending. I have stayed in China for more than one year and my I-551 stamp has expired. I could not come back to the States due to the COVID-19 pandemic. Can I wait in China for the I-829 approval and re-enter the States after getting the 10-year green card, or do I still need to apply for SB-1 visa to re-enter the States?
Technically, if you out of the U.S. for more than one year your green card is deemed abandoned unless you can show extraordinary circumstances beyond your control. Be sure to document your case well if you pursue the SB-1 route since they are restrictively adjudicated.
It is not advisable to wait in China until I-829 is approved even though you have been delayed from re-entry by the COVID-19. If you cannot re-enter as a result because your I-551 stamp has expired, seek an SB-1 entry through the U.S. Consulate near you in China.
You should apply at the nearest U.S. consulate for a Returning Resident Visa. If you have a good excuse for why you have been outside the USA for more than one year, you can get this visa. The COVID scare and lack of flights to the USA should be enough excuse.
You could try an SB-1 or take your chances trying to return on your expired stamp.
Generally, it is best to reenter as soon as possible with a boarding foil or a travel letter. But you should discuss with your attorney the best course of action for you.
You will need the SB-1 because if the two-year card is abandoned, there is nothing for I-829 to adjudicate.
As a general rule, if you have been absent from the United States for more than one year, you should seek a returning resident visa (SB-1) in order to reenter the United States. You should consult with an experienced immigration attorney regarding your specific situation, considering your I-829 petition is still pending and your return to the United States was delayed due to COVID travel restrictions.
