If my conditional green card expires while the I-829 is under review, do I become ‘illegal’?

As a rule, no. In the EB-5 process, if the I-829 was filed within the required window and is pending, your conditional resident status remains recognized even if the physical card expires while the petition is under review.

This is because the process for removing conditions provides for a continuation of status during the review period: the government recognizes your lawful presence while the I-829, filed on time, awaits a decision. In other words, the expiration of the physical card alone does not create an unlawful presence situation.

The critical point is the filing window. If the I-829 is not filed correctly or within the required window, that is when you may face complications with your status and accumulate time in an irregular stay.

Keep the USCIS notices that confirm the continuation of your status and, if you have any doubts, verify the latest guidance from the official source or consult a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.