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My I-829 18-month-extension is expiring while I am outside of the US for over 6 months. Can I still re-enter the country to get an extension?

My I-829 18-month-extension is expiring and I am outside of the US for over 6 months but under 12 months. Can I still re-enter the country to get an I-551 extension?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Best to return before it expires if at all possible. If impossible because of illness or other reasons, you need to apply to the consulate for a transportation letter but best option is to not overstay and risk your green card being abandoned.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    Yes, you should try to enter before your I-829 extension period expires.

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    Phuong Le

    Immigration Attorney
    Answered on

    Check with your filing attorney to see if the new 24-month extension notice has been mailed to you. That or consider SB-1.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you should be able to re-enter. CBP requires a valid I-797 so re-enter and then you should be able to get a new temporary stamp.

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    Irina Rostova

    Immigration Attorney
    Answered on

    You should either enter before the expiration of the 18-month extension or seek to obtain a boarding foil to return. Being away for more than six months is also an issue and you should expect to receive questions about it at CBP.