CSG Law Alert: Important Reminder for Travelling with a Pending I-829 Petition
Congratulations on successfully completing the two-year conditional residence period! As an EB-5 investor or his or her family member, you can now enjoy the same freedom as any other green card holder, allowing you to work anywhere in the U.S. and travel internationally, but be sure you have all the necessary paperwork before you travel.
Recently, we’ve seen several investors with pending I-829 petitions being denied boarding by various airlines upon their return from trips abroad due to incorrect documentation. This not only wastes time and money but also disrupts their business and travel plans.
The travel documents investors with a pending I-829 petition need might differ from what other green card holders require. Make sure you have the right papers before your next trip!
Option A:
An EB-5 investor (or family member) with a pending I-829 can use the original, expired conditional green card, plus the original I-829 receipt (I-767 Notice) for the purposes of travel or verification of work authorization. Please note: both documents are needed – they will not work separately. Also note that the receipt notice has a limited validity period.
The U.S. Citizenship and Immigration Service (USCIS) is currently issuing I-829 receipts that extend the validity of the expired conditional residence card for four years from the date the card expired.
Prior to January 2023, USCIS issued a receipt notice valid for two years. Prior to December 2021, it was valid for 18 months, and prior to June 2018, it was only valid for one year.
USCIS re-issued four-year receipt notices to many applicants that previously had shorter receipt notices. However, the four-year receipt is only valid with the original, expired conditional residence card.
The problem is that USCIS routinely took away expired cards from applicants appearing to get a stamp in their passport after their old receipt notice expired.
If your receipt is expired, or you have a valid receipt but do not have the expired conditional residence card, you need to contact USCIS and get other evidence of your status.
Please remember: The four-year receipt notice is NOT valid without the card, and will not get you on a plane to return to the U.S.
Option B:
An EB-5 investor can also obtain an I-551 stamp before his/her international trip.
There are two forms of evidence USCIS has or may issue – the first is called an I-551 stamp in your unexpired passport. It is generally only valid for one year and must be renewed. The second is an I-94 document that also has an I-551 stamp on it. It may be valid for one or more years and must be renewed.
Either document can be obtained by contacting the USCIS customer service number. If you do not have an emergent need to travel, you will likely be issued an I-94 through the mail. If you have an urgent need to travel, you may be able to get an InfoPass appointment to go to a USCIS office and get an I-551 stamp in your passport. This process is not always quick or smooth, as often the USCIS officers are not familiar with I-829s. Please plan ahead as you may have to call more than once, and it may take time to get proof of your status.
Most importantly, before you make plans to travel out of the United States, look at your documents to make sure you have what you need. If you are missing one of the documents, or you have the card and the receipt, but the receipt is expired, DO NOT TRAVEL. Obtain the correct documentation first. If you need to contact us, email immigrationgroup@csg-demo.devlunch.co.
If you end up outside of the United States without the correct documents, it is not impossible to return, but the process is often long and complicated, and can take many months.
As a reminder, as a green card holder, it is expected that you will reside in the United States – that is, you will spend more than half of your time in the United States. An absence of six months or more can put your green card in danger, and you are likely to lose your green card if you are out of the United States continuously for one year or more. This continues to apply while your I-829 is pending.