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How can I file an I-829 application outside the U.S.?

I obtained my conditional green card through EB-5 in February 2018. According to USCIS, I should be able to file my I-829 petition in November 2019. However, I need to travel back to my home country for an extended period starting from November. I would like to know if it is possible to file an I-829 application when I am outside the U.S.

Answers

• Ed Beshara

  Immigration Attorney

  Answered on November 11, 2019

  It is advisable to be in the U.S. when you file your I-829 petition. Wait to receive the receipt notice to allow you to travel and return to the U.S.

• Salvatore Picataggio

  Immigration Attorney

  Answered on September 30, 2019

  I don't see why not as long as you are otherwise maintaining residency. You may need a reentry permit if you plan on being out of the U.S. for more than 180 days.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 30, 2019

  Yes, you can file it, but need to have biometrics done and, if an extended absence, you should seek a re-entry permit.

• Lynne Feldman

  Immigration Attorney

  Answered on September 23, 2019

  Yes, you may file while outside the U.S. but also include a U.S. address. If you are gone more than one year, be sure to apply for a re-entry permit before you leave the U.S. or else you will abandon your conditional green card.

• Marko Issever

  EB-5 Broker Dealer

  Answered on September 23, 2019

  We recommend that you file your I-829 petition while you are still in the U.S. Luckily, 90 days before the completion of your two year sustainment period is November 2019. Therefore, it would be logical to file while you are in the U.S. and then leave the country. This way, you will be able to receive a receipt of your filing from USCIS.

• Igor Serbinin

  Immigration Attorney

  Answered on September 19, 2019

  Yes, you can. The usual way of sending packages to USCIS.

• Charles Foster

  Immigration Attorney

  Answered on September 19, 2019

  Yes, you can file your 1-829 from anywhere, but could have friend do so for you from within the U.S. for security's sake.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on September 19, 2019

  Since an I-829 can be filed within the 90-day period immediately before the second anniversary of obtaining conditional permanent resident status, you should try to file in November before you leave the country. Even if you are out of the country, you will have a receipt of your filing, which you can use as part of documentation you need upon returning to the U.S.

• Hassan Elkhalil

  Immigration Attorney

  Answered on September 19, 2019

  File while you are in the U.S.