I was doing some research and figured out that getting an unconditional permanent residency can take up to a decade through EB-5 as per the current processing times. The conditional green card is valid for 2 years and an investor has to file I-829 within 90 days from the conditional green card. The current I-829 processing time seems to be 5 years. So, what will be the status of an investor after the expiry of the conditional green card and before the approval of their I-829? I see the status can be extended for a year, but what happens after that?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyWhen you file the I-829, you continue to be a permanent resident until it is finally adjudicated. A conditional resident and permanent resident have basically the same rights.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou remain a conditional resident unless it is taken away from you. The I-829 includes a 2-year extension and thereafter you can get I-551 stamps in your passport as evidence of your continued CR status.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyUSCIS will extend your CPR status for 24 months after I-829 is timely filed and after that you get your status extended in 1-year increments while your I-829 is pending. You need to make an Infopass appointment at your local office to get 1-year extensions (I-551 stamp) in a valid foreign passport. Apply for naturalization as soon as you become eligible even if your I-829 is not yet adjudicated. Pending I-829 is generally consolidated with a pending N-400 and will be adjudicated before N-400 can be adjudicated. Hire an experienced immigration lawyer to do that.
Ya Peng
Find an EB-5 Visa Lawyer: Immigration AttorneyInvestors are still green card holders when I-829 is pending. This status will be extended for 18 months. After that, if they want to go outside the U.S., they must have an appointment to have the 551 stamp.
F Oliver Yang
Find an EB-5 Visa Lawyer: Immigration AttorneyIt can be extended multiple times until your I-829 is approved.
Michael A Harris, Esq
Find an EB-5 Visa Lawyer: Immigration AttorneyWhen the I-829 is timely filed, the USCIS will send out a 24-month extension notice. The notice serves as continued proof that you are a lawful permanent resident (LPR). Even without the notice, it does not mean that you are no longer an LPR. A resident can continue to be an LPR until an immigration judge orders the foreign national removed. Hence, an LPR remains a conditional resident as long as the I-829 is pending and should obtain a temporary I-551 stamp from USCIS if they do not send another extension notice.
Phuong Le
Find an EB-5 Visa Lawyer: Immigration AttorneyOnce you file your I-829, your filing receipt will extend your CPR status for 24 months. After that, you can check in with your local infopass office so they stamp your receipt notice and give you another extension each year until your I-829 is approved.
Ying Lu
Find an EB-5 Visa Lawyer: Immigration AttorneyYour status can be extended as long as your I-829 is pending. You need to go to a local USCIS to get an I-551 stamp on your passport.
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