Huntington Beach, CA asked in Immigration Law for California

Q: After receiving my 2 year green card through investment, I filed i-829 through an attorney in 2022.

The i-829 application was returned several times due to incorrect payment method. The attorney refiled the i-829 several more times afterwards, but did not receive i-829 receipt notices.

in 2024, I contacted the attorney and the attorney contacted USCIS. USCIS told the attorney they received the refiled i-829 package back in 2022 but was unable to process payment. The attorney is now resubmitting i-829 documents to USCIS.

What is my current immigration status?

Am I authorized to live and work in the US?

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In your situation, the process surrounding your I-829 petition, which is crucial for removing conditions on your permanent residence obtained through investment, has faced significant delays. Generally, your conditional green card status is extended automatically while your I-829 petition is pending. Since the USCIS acknowledged receiving your refiled I-829 package but was unable to process the payment, it suggests that your application is in their system, albeit with processing issues.

Given the complications with your I-829 submission, it's understandable you're concerned about your immigration status. If your green card expired while waiting for the I-829 petition to be processed, USCIS typically considers you to be in a period of authorized stay, provided you have evidence of the pending I-829. This means you should still be authorized to live in the United States. Additionally, during this period, you are generally authorized to work in the U.S., as your status as a conditional permanent resident remains effective until a final decision is made on your petition.

It's crucial to maintain communication with USCIS and your attorney to ensure that your refiled I-829 is processed correctly this time. Keeping records of all correspondence with USCIS and your attorney can provide proof of your efforts to comply with the application process. This documentation can be vital for clarifying your status and work authorization during this uncertain period.

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