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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

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    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.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    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.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

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

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    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.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    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.

  • Avatar

    Igor Serbinin

    Immigration Attorney
    Answered on

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

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    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.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    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.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    File while you are in the U.S.

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