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How can I travel with my EB-5 I-90 and I-797 both expired?

My EB-5 permanent green card expired in July 2021, and my I-797 just expired last week. Can I travel internationally now? Has USCIS granted any extension?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Best to get a temporary green card stamp in your passport before traveling abroad.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The I-90 receipt should give you extended evidence of your permanent residency status. If not, do an INFOPASS for an I-551 stamp in your passport to travel.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not clear from the facts whether you have applied to renew your 10-year green card (by filing Form I-90) or whether you had a 2-year conditional green card expired and filed Form I-90 instead of filing for removal of conditions (Form I-829). If the first scenario applies, you can get an I-551 stamp in 1-year increments in a valid foreign passport at your local USCIS office while the case is pending and this allows you to travel and work. If the latter scenario applies, contact an experienced immigration lawyer to assist you further.

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    Ya Peng

    Immigration Attorney
    Answered on

    The airline will refuse you to board. You can try to apply for a Canada visa and enter Canada first.

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    Ying Lu

    Immigration Attorney
    Answered on

    Why did you file I-90? Do you possess a conditional permanent resident card (conditional residency) or a permanent resident card (10-year validity)? If you have a 10-year green card and it is expired, you need to file I-90 to "renew" the green card. During the pendency, you can go to a local USCIS to get an I-551 stamp on your passport for travel. If you have fulfilled your conditional residency period, you need to submit I-829 petition to remove the conditions.