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RevGreen

Application for Returning Resident Visa

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Hi All,  My inlaws are in almost the same "pickle" but they had already filed their I-829 but had not received the reply before the US Gov shut down/delayed for covid.  They have been out of the country slightly more than a year but due to the latest extension news  23 Jan, they should still be valid.   What does the hive-mind think is the next step?

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Filed: EB-5 Visa Country: Brazil
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On 2/1/2023 at 11:40 PM, GordonSand said:

Hi All,  My inlaws are in almost the same "pickle" but they had already filed their I-829 but had not received the reply before the US Gov shut down/delayed for covid.  They have been out of the country slightly more than a year but due to the latest extension news  23 Jan, they should still be valid.   What does the hive-mind think is the next step?

So, was the I-829 approved? If so, they should have received their 10-year GCs. If not, do they have an I-551 stamp or the expired conditional GC and the extension letter?

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11 hours ago, jostermacedo said:

So, was the I-829 approved? If so, they should have received their 10-year GCs. If not, do they have an I-551 stamp or the expired conditional GC and the extension letter?

They still have not received their Letter that shows approval. I will check if they have the I-551 stamp.  

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Filed: EB-5 Visa Country: Brazil
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11 hours ago, GordonSand said:

They still have not received their Letter that shows approval. I will check if they have the I-551 stamp.  

So, if either the conditional GC is valid, or if it's expired but they have the I-829 receipt notice that extended the GC validity (and it's still unexpired), or if they have an unexpired I-551 stamp, they would have valid documentation to board a flight to the US. If they return to the US, CBP might question why they spent so much time outside the US, but I don't believe they can deny entry. They might issue a NTA, and unless they sign a I-407, only an immigration judge can remove their status.

 

Edited by jostermacedo
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