Do I need to be physically in the US to process I-829? - EB5Investors.com

Do I need to be physically in the US to process I-829?

I received my conditional green card in February 2019. My travel document was granted in the summer of 2019 with a validity of two years. I am currently out of the U.S. and will need to prepare my I-829 soon. Can this be done while I am abroad? What happens if I cannot travel to the U.S. due to Covid-19 for biometric processing?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You do not need to be in the U.S. to file an I-829, but if you miss the fingerprinting appointment, you can request rescheduling. But eventually, the application will be denied unless they agree to waive the fingerprinting.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Yes, you can file it. Advisably, work with an attorney familiar with your case.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, it can be filed while you are abroad.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

You can file it from abroad. If the US consulates ever open, you may be able to do the biometrics there.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Yes, you need to be in the U.S. to do that.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

You can file your I-829 petition while outside of the United States. USCIS may waive your biometrics, but if not, you will have to reschedule the appointment for a time when you are able to return to the United States.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.