How can I proceed with my EB-5 I-829 process if I do not have my conditional permanent resident card? - EB5Investors.com

How can I proceed with my EB-5 I-829 process if I do not have my conditional permanent resident card?

My I-551 (Conditional Permanent Resident Card) was accidentally shredded by the lawn mower a few days ago and it was already expired for about three years. I am in the process of my EB-5 I-829 removal of conditions with an extension notice and stamps on my passport. I understand that, for this to work, I have to present my conditional green card and I-797 Notice of Action extension letter at the same time if I want to prove my permanent residency, including getting the new extension stamp. I am quite confused about what to do and if it is possible to apply for a replacement since my green card expired.

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It may be advisable to file for a replacement card and explain the green card was damaged-you can likely take a picture of the pieces and explain this when you are seeking a temporary green card stamp.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, file an I-90 for a replacement card.

Benjamin Hu

Benjamin Hu

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

By regulation, you still have Conditional Permanent Residency even if the document itself has been destroyed (in much the same way as you would remain a citizen of your passport-issuing nation, even if the physical passport were destroyed). As long as you have a properly filed I-829 and receipt notice, you have Conditional Permanent Residency status, and your CLPR document is extended automatically for 48 months beyond the printed date of expiry. In order to replace your card, the usual process would be to file a Form I-90. However, sometimes the USCIS internally seems to be confused by this, and may respond with "but your CLPR card has expired and cannot be renewed." This is where an immigration attorney may come in useful, to provide legal explanations to USCIS about why the holder still holds valid CLPR status and is eligible for a CLPR card that reflects the actual current valid CLPR status of the holder pending I-829 adjudication.

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