My EB-5 conditional green card is expiring in March, and consequently my re-entry permit as well. I have already filed for I-829, but it is unclear when the biometrics appointment will happen. I am currently living abroad and was planning to visit the U.S. for my biometrics appointment, and I am hoping not to need to visit twice. If the appointment happens after my green card expires, would I be in any trouble? I am under the impression that I should enter the U.S. before my green card expires, but would it be ok if I enter after it expires with the I-829 receipt?
If you have a valid I-829 receipt extending your card, you should be able to reenter, especially if you have a valid reentry permit. However, it appears your reentry permit will expire so there is an issue of abandonment. You need to be ready to show, via filing tax returns, etc. that the US is your home and principal place of residence, or renew your reentry permit.
Your I-829 will extend your CPR status for up to 24 months (the receipt will indicate the extension period). You can use the I-829 receipt for travel during the extension period; after this extension expires, you will need to obtain an adit stamp from USCIS. This is generally how this works. However, you should always check with an attorney for any specifics on how immigration rules and regulations apply to you.
Assuming the I-829 receipt shows the 24-month extension, you may use this with expired card; if not, return before the conditional PR card expires, arrange for passport stamp and renew reentry permit. Many fingerprints are being re-used – they will notify you. Reentry Permit is required for lengthy overseas stays in any case.
Any departure over 180 days could cause abandonment of status.
