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Questions and Answers > EB-5 Forms

How can I further extend my I-797 after my EB-5 green card has expired?

I filed an I-90 form to extend my green card in June 2021. My green card expired in Sept. 2021. I received an I-797 extension for 12 months, however, the I-797 is about to expire and my EB-5 case is still pending. What do I need to do now? How can I extend it further?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Are you sure you filed the correct form - if the EB-5 case is still pending, are you referring to the fact your conditional card expired in September 2021, in which case you should have filed form I-829. Form I-90 is for a lost, or expired card but not if it is conditional. If you are worried about the receipt not covering your current period of authorized stay, you can attempt to get a temporary green card stamp at your local office, which you almost certainly need to travel abroad.

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    Ed Beshara

    Immigration Attorney
    Answered on

    On the assumption you filed an I-829, you should have received a receipt notice extending your residency status by 24 or 18 months.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Are you talking about extending the 10-year card? If yes, then I-90 was the way to go and USCIS is painfully slow on these. You will need to call the Contact Center for USCIS and say the word "InfoPass" to make an appointment at the local office for a stamp in your passport extending the evidence of your permanent residency status for another year while the I-90 is pending.

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    Barbara Suri

    Immigration Attorney
    Answered on

    File another I-90. CIS may not collect a fee since it is because of their delay.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    If your I-829 is pending and the extension provided by the I-797 is set to expire, you need to make an appointment at your local USCIS office to have your passport stamped with an I-551 extension. Filing Form I-90 will not extend your conditional green card.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Perhaps you filed an application to remove condition. An I-90 is not an application for extension of status.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    File another Form I-90, seeking another extension.