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What should EB-5 investors do if they lose their conditional green card?

Our family applied for EB-5 several years ago and recently filed the I-829 application. My 18-year-old daughter, who attended the biometrics appointment with us as a dependent, lost her conditional green card. What is the best way to solve this problem? Should she file an I-90 (application to replace resident card) and request a new green card? Or should she just wait until our I-829 is approved and a permanent green card is issued? Will her status be affected?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    Your daughter continues as a conditional permanent resident even though she has lost her conditional permanent resident card. Form I-90 should be filed with USCIS.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is always best to file an I-90 replacement card. The reality is it will expire soon and the receipt will be her key document. She should also file a lost green card report with the local police.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Physically losing the card does not affect her status. She has the option to file the Form I-90 to replace the card, or she can also wait until the I-829 is approved, depending on whether she will need to travel before the I-829 is adjudicated.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If you lose your conditional permanent resident card, you should file an application on Form I-90 to replace same, depending upon whether or not one needs the card for travel purposes or employment. It would be possible to wait until your I-829 petition is approved and a permanent resident card is issued. It will not affect one's status. However, it would be better to replace the card, as one never knows when it will be needed to travel on an emergency basis.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A request for replacement should be done as soon as it appears the card is lost. Removing the conditions requires copies of the front and back of the CPR card, among many, many other things.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    You can do it either way. It is taking quite a while to get a duplicate green card these days.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Her status is not affected just because her card is misplaced. Also, I assume that the card itself has expired or is soon to be expired since you already filed I-829. With that I-829 receipt notice, her conditional green card status had been extended by 18 months and she can go to the nearest USCIS office after getting an InfoPass appointment to get her passport stamped (I-551 stamp) to show that she is still a conditional resident. This will help her from having to carry the receipt notice when traveling.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    File the I-90 now and get a passport stamp.

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