What is the I-829 petition or “Removal of Conditions?”

The granting of the EB-5 Visa or the approval of the Adjustment of Status followed by the entry into the United States means that the EB-5 investor, their spouse and qualifying children have been granted Conditional Permanent Residence status for a two year probationary period. After that time the “conditions” must be removed so that the aliens may reside in the United State indefinitely. Failing to remove these conditions under the removal guidelines may result in termination of the Conditional Permanent Residence status and will more than likely result in removal proceedings.

It is necessary to file a petition to remove these probationary conditions during the last 90-days of the 2 year term (prior to the second anniversary of the investor’s official admission as a permanent resident). This process usually begins about 21 months after the conditional green card has been issued. Upon the conclusion of the two-year period, the USCIS will examine the business investment to determine whether or not the investor has complied with all necessary requirements.

At that time the foreign investor, must reconfirm that 100% of the investment has been made and as a result the 10 required jobs have been created or saved. The foreign investor must demonstrate continuous maintenance of the investment since becoming a Conditional Permanent Resident. The Managing Partner of the investment project is required to provide supporting documentation at the request of the investor to aide in the application of Removal of Conditions.

While the I-829 application is in the review process the Applicant remains in Conditional Lawful Residence even if the application is still not finalized before the expiration date. Typically the Conditional Permanent Resident status is extended in one-year increments or until the I-829 application is approved by USCIS.