My family applied for the EB-5 visa and got provisional green cards. We then filed the I-829 to remove conditions and got the I-797 receipt for an 18-month extension. This extension expires in January 2021. We have been advised to schedule a USCIS appointment to get a stamp in our passport but unfortunately, we have expired Nigerian passports and the Nigerian consulate in the U.S. is not issuing passports due to a lack of passport booklets. How can we get the stamps on our expired passports? Are there any other alternatives?
Answers
Steffanie J Lewis
Immigration AttorneysThe USCIS is required by law to give you evidence of your status. Take your expired Nigerian passport with evidence that you attempted to renew it. They will either stamped your expired passport or are obliged to give you some other evidence of your status pending decision by the USCIS on your I-829.
Bernard P Wolfsdorf
Immigration AttorneysThe USCIS will not put a valid temporary green card in an expired passport. If you cannot renew your passport, you can apply for a re-entry permit and try and use that in lieu of a passport if you need to travel. You do not need a stamp if you are within the 18-month period as the original receipt extends the validity of the green card for 18 months.
Lynne Feldman
Immigration AttorneysMake an INFOPASS appointment for the I-551 stamp; there is no need to advise the scheduler of the passport issue. Bring the expired PR card, I-829 receipt, proof from Nigerian consulate that renewals are not possible now, two passport-sized photos and request an I-94 card with the I-551 stamp.
Fredrick W Voigtmann
Immigration AttorneysFirstly, you are not required to get an extension stamp; it is only required if you need it for work or travel. In this case, not travel because your passports have expired. If you need it for work, the USCIS district office can give you an I-551 stamp on an I-94 card. I do not believe the USCIS will put a stamp in your expired passport, but you could ask and tell them that you need proof for your employer. Either an I-94 stamp or a valid stamp in the expired passport should suffice for employment purposes.
Kevin Michael Tracy
Immigration AttorneysYou cannot get a stamp without a valid passport.
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