I just sent my I-829 to USCIS. I expect that it might be at least one month to receive a filing receipt but my conditional green card expires in two weeks. I have to travel outside the U.S. soon and I need the I-551 stamp now. How can I get an I-551 stamp without an I-829 filing receipt? What is the best solution for my situation?
When you are able to attend an InfoPass appointment for the I-551 stamp, take evidence that the USCIS cashed the filing fee check for the I-829 application, if you do not have the receipt notice available.
You may either check if your check has cleared and see if USCIS stamped your case number on the back of the cleared check. You can schedule an INFOPASS appointment at your local USCIS field office and they can also look up your case if you have proof of mailing/receipt of your case by USPS or other mail courier.
The receipt is your proof that you actually did file. Most times the receipt number is stamped on the back of your canceled check. You could also schedule an appointment with INFOPASS, they may be able to access your records to confirm the filing.
If you filed using a check, you can see if the check has been processed. You can bring the cancelled check as proof, along with a complete copy of the I-829 filing and confirmation of delivery.
Schedule an INFOPASS appointment with USCIS.
Recently, I received a receipt notice for an I-829 petition within a few days after the petition was filed with U.S. CIS.
It is advisable you should try to schedule an appointment through InfoPass for possible positive result. However, be on the notice that generally the USCIS may not issue I-551 particularly without a receipt that the I-829 has been filed. Thus, it is better that you wait and receive a receipt for your I-829 filing which in most cases will provide you with a notice that your expiring conditional green card status has been extended. Upon receiving the notice, you can then use it to travel.
You could make an InfoPass appointment at the immigration service and take your passport. You are still a valid conditional Permanent Resident and the CIS representative could confirm that you timely filed your Petition to Remove Conditions on Form I-829 and could provide you with an updated I-551 stamp showing that you are still a valid conditional Permanent Resident of the United States.
USCIS has been issuing the receipt notice within 2 weeks or so. Check to see if your filing fee check has been cashed. If yes, the endorsement on the back will have the case number noted. Hopefully, with that number your local USCIS office may be able to look up the case and verify that your I-829 was filed and that your conditional residency status is extended. Otherwise, have your lawyer FedEx their duplicate original receipt to you overseas so that you could have it when you return.
Bring the courier receipt and give it a try.
If you send the form for electronic notification, you will have a receipt number by email. Then you may be able to get a stamp.
Try to get an I-551 stamp by presenting (i) copy of the conditional residency (ii) copy of the entire filing of I-829 (iii) proof of payment of the I-829 filing fee (iv) evidence of the emergency nature of your upcoming trip.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.