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Posted

I currently have a pending Removing Condition case and I received a 1 year extension letter May 2013. I filed I-131 for reentry permit with 1 year extension letter and expired green card and got Re-entry permit that expires in May 2014.

It seems like my case won't be processed even after May. (I-829 removing condition case) ROC for entrepreneur seems to be moving slow and I need another Re-entry permit for my work abroad. I have a job in Korea currently supporting my family in the U.S.

But by the time I need to extend or get new reentry permit, my 1 year extension letter will be expired, green card is expired.

Is it possible to file for reentry permit and get approved in my situation??

Filed: AOS (apr) Country: Australia
Timeline
Posted

This memo would indicate that your conditional residency remains valid while your I-829 is processing -

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/eb5_i829_011805.pdf

You can file to renew the re-entry permit but that must be done from the US and you will also need to attend biometrics here, alternatively you can try to arrange a special immigrant visa with the local US consulate.

However with such an extended stay outside the US then USCIS may consider your green card abandoned so you are going to have to tread very carefully, I would also imagine you are going to have a tough time with your I-829 if you are having to work abroad in order to support your family.

 
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