How can an EB-5 conditional green card holder re-enter the U.S. with an expired extension? - EB5Investors.com

How can an EB-5 conditional green card holder re-enter the U.S. with an expired extension?

I am an EB-5 investor and a conditional permanent resident with a two-year extension (Form I-797). However, it expired two months ago and I am currently outside the United States. What can I do to re-enter the U.S. under these circumstances?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

You have to go to the consulate and explain why you have been out and try and get a boarding foil. Or you can present yourself at a land border post and explain to the officer they have discretion to admit you since you are a lawful permanent resident.

Dennis Tristani

Dennis Tristani

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Answered on

You can either try booking your flight and boarding your plane as long as you have the original I-797 notice, or depending on your airline, you can obtain an I-131A carrier document to allow you to reenter the U.S.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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Answered on

Not a great situation. Have you been out of the country for a long time? CBP will probably let you in but the airlines are not likely to let you board. If you can get to a land border crossing that might be your best bet. But, as usual, talk to your attorney. An SB1 is an option (albeit not a great one).

Lynne Feldman

Lynne Feldman

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Answered on

I believe you will need to file an I-131A with the consulate.

Matthew T Galati

Matthew T Galati

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Answered on

You will probably need a boarding foil. You may also want to consider a mandamus, a case pending for two years has been pending for an illegally long amount of time.

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