We filed the I-829 to remove conditions and got the I-797 receipt at the time. We haven’t received any updates on our permanent green card status since then. What should we do now, and what happens if our I-797 expires?
Answers

Lynne Feldman
EB-5 Immigration attorneysI would inquire regularly with USCIS. You can request an ADIT stamp in your passport as evidence of continued permanent residency status after the 48-month extension granted on the Receipt expires.

Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysYou will be able to get an extension stamp (also known as “ADIT,” “I-551” and “Infopass” stamp) in your passport for as long as your I-829 remains pending. Within about 2 months before the expiration of your current I-797, you need to call USCIS and request an in-person appointment to obtain the extension stamp. Even if your I-797 expires, you remain a conditional green card holder as long as I-829 is still pending. However, do not let the I-797 expire before getting the extension as you are required to carry the evidence of your immigration status at all times.

Tony W. Wong
EB-5 Immigration attorneysWhat you mean about the I-797 should be the conditional green card’s extension notice. If the extended period expires, you need to schedule an info pass with USCIS to get a I-551 stamp on your passport which will extend one more year for your green card. If the stamp expires, you need to get a new one.

Renata Duarte
EB-5 Immigration attorneysYour I‑797C receipt notice is your proof of lawful status and automatically keeps your conditional‐resident “green card” valid for the length of time printed on that notice, currently 48 months beyond the card’s expiration date.
If the case is still pending when that extension runs out, you should contact USCIS and obtain fresh proof of status.
You will not fall out of status and you will not lose work or travel rights simply because the original receipt expires, but you do need current evidence when you travel, work, renew a driver’s license, etc.
If your notice is older and shows 18 or 24 months, USCIS is supposed to send you a replacement showing 48 months. If they have not, call USCIS at 800‑375‑5283 and request a replacement.

Ying Lu
EB-5 Immigration attorneysUSCIS may send a new receipt notice to you before the expiration date noted on your current I-797 notice. If not, you can also make an info pass appointment with your local USCIS office to get an I-551 stamp on your passport, which is valid for one year.
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