How can I re-enter the U.S. as an EB-5 investor if my conditional green card is expired? - EB5Investors.com

How can I re-enter the U.S. as an EB-5 investor if my conditional green card is expired?

I have a conditional green card, which is already expired 3 days ago and I have came to India without applying for the I-131 form. What are my options to re-enter United States?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Should be OK to re-enter but safest to get a transportation letter from the U.S. consulate; see Form I-131A.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Here are the current rules: "A Conditional Resident with an expired PRC (with a two-year expiration date) may be boarded if also in possession of a Notice of Action (Form I-797). The Notice of Action extends the validity of the card for a specified length of time, generally 18 months. Do not board the traveler if they are not in possession of Form I-797." So, if you have the original Form I-797 receipt, you will be able to board.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

If you filed your I-829 as required, you should receive an extension receipt. If you have not received the extension notice yet, you will need to contact the U.S. Embassy or Consulate in your home country and apply for a transportation/boarding letter.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If you have not filed for removal of condition, there is no way for you to return. But if you do file one, you can return with your receipt.

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