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How can I return to the U.S. with an expired EB-5 visa?

I received my EB-5 visa with an expiration date in July. Now I am living in the U.S. and I have applied for a conditional green card but have not received it. I have a family emergency and have to leave the U.S for about three months. Can I come back in August without the conditional green card and only with the expired EB-5 visa? What documents do I need to bring with me while I am travelling? Also, is it possible to mail my conditional green card to my foreign address?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You should attempt to obtain a temporary green card stamp at the local immigration office. You can have the plastic card mailed to you but the fact that it has not yet been received indicates a possible issue, as green card issuance after entry is fast.

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    Barbara Suri

    Immigration Attorney
    Answered on

    So you entered the U.S. with your EB-5 visa, but you have not yet received the green card? You should schedule an InfoPass appointment ASAP.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    After you presented your immigrant visa to the U.S. Customs and Border Protection (CBP) officer at the U.S. airport, the CBP officer admitted you to the U.S. as a conditional permanent resident. At that time, the CBP officer should have put a stamp in your passport indicating that you were in the U.S. as a conditional permanent resident. You should have received your conditional permanent resident card in the mail soon after you were admitted to the U.S. Perhaps your permanent resident card was mailed and you did not receive it. You should have your immigration attorney look into what happened with your conditional permanent resident card.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You should go to your local USCIS office and request an advance parole. Take with you proof of your present status an approvals, along with proof of the family emergency.

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    Robert West

    Immigration Attorney
    Answered on

    Go to your local USCIS office and see if the office will stamp it to cover you until you receive the card.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you paid for the immigrant fee after receiving the immigrant visa with your passport, you should have received the conditional green card within about 120 days of entering the U.S. If you did not receive the actual card and you must travel, then you could make an InfoPass appointment at the nearest USCIS office where you live and get your passport stamped with an alien documentation identification and telecommunication (ADIT) stamp. If the EB-5 visa page has the notation at the bottom "upon endorsement serves as temporary I-551 evidencing permanent residency for one year," then you do not need the ADIT stamp, as USCIS is telling everyone that the visa page, although expired, is good for one year.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you are a conditional lawful permanent resident outside of the United States without your green card, you can obtain a boarding letter from the U.S. embassy or consulate in your home country. They will check the computer to confirm your status and issue the necessary paperwork so that you may board the plane when you return to the United States. You must have a valid passport. If your green card is received by someone at your U.S. mailing address, that person could courier (using the safest means possible with tracking) you the green card and you can use that to re-enter the United States (no need for the boarding letter). Once you receive the conditional green card, you need only that and a valid passport to return to the United States. You do not need the immigrant visa.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    I do not see how you received an "EB-5 visa," now live in the U.S. and yet you still do not have a CPR card. If your adjustment of status to CPR status is pending and you have a true emergency, you can get an advance parole from a USCIS field office. I advise you do not leave until you consult an attorney.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    More information is needed to better answer it. For example, when did you last leave the country? How long have you been out of the country? Did you receive an automatic extension letter when you first applied to remove your conditions?

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you have not received your green card in the mail after having entered the U.S. on the immigrant visa based on your EB-5, you can make an infopass appointment at the USCIS district office nearest your residence and have the agency issue a temporary stamp showing lawful permanent residence so that you can travel.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you received approval of your EB-5 investor visa, were issued a visa, admitted to the United States as a conditional permanent resident and your status expires in July, that''s one thing. But it appears that you have only received the approval of your EB-5 investor petition on Form I-526 and you have filed an application for adjustment of status, which has not been approved. You should have simultaneously applied for advance parole and work authorization. If you received your employment authorization document (EAD), it may also include advance parole, which would allow you to travel in and out of the United States, but you must first confirm the same. If you depart the United States without advance parole, you will be deemed to have abandoned your application for adjustment of status, will not be able to return to the U.S. and will have to wait abroad to apply for your immigrant visa. It is not possible for your conditional permanent resident card to be mailed to a foreign address.

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