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[Q] Do I or my family have to be present in the US when I file I-829 or during the time CSC is adjudicating I-829?


The regulation governing I-829 conditions removal, 8 CFR 216, reads:

(3) Physical presence at time of filing . A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and children, if necessary, to comply with the interview requirements contained in the Act. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in Sec. 211.1(b)(1) of this chapter, provided the alien complies with the interview requirements described in paragraph (b) of this section. An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with Sec. 235.11 of this chapter.