Immigrant investors on an EB-5 Visa have a conditional green card. They need to file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status with USCIS to remove the conditions on their green card. Once the petition is approved, they will have permanent resident status in the United States. Their spouse and unmarried children under the age of 21 will also become permanent residents.
The EB-5 conditional resident investor needs to file the I-829 petition within 90 days to the expiration date of the conditional resident status. When the application is accepted for processing the conditional resident status will be extended automatically for a year. USCIS will send a receipt notice which can be used as proof of extended status.
If the petition is not filed within the 90 days before the status period expires, the beneficiary can be compromising their eligibility for permanent residency and may be put in removal proceedings. However, if the delay was due to good cause or extenuating circumstances, the application can be filed with a written explanation and a request to USCIS to excuse the delayed filing.
There are certain requirements that the applicant has to meet when filing Form I-829. They are mostly proof or evidence that need to be provided to establish that they have met all the requirements of the USCIS’ EB-5 program. Along with copy of the conditional resident card, the applicant has to provide proof that they made a capital investment, established a commercial enterprise that has been maintained throughout the time of conditional residency, and that they had created the required number of jobs. Photocopies of the conditional resident cards of the family members also need to be included.
Once the application has been accepted for processing, USCIS may request the applicant to appear for biometrics and/or an interview or to provide additional evidence or information if required. If biometrics are required, USCIS will send the applicant a notice detailing the date, time and place for the appointment.
There is a filing fee of $3,750 and a biometric fee of $85 for each person included in the application, between the ages of 14 and 79.
It is advisable to have the I-829 petition prepared by an experienced immigration attorney with expertise in handling anything related to EB-5 visas.
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Immigration law can be complicated and this article does not exhaust all the circumstances surrounding petitioning for removal of conditions on a green card. These issues can be extremely complex, and a single misstep could potentially lead to a rejection of your application or other immigration penalties. If you have any questions regarding this matter, please do not hesitate to contact our office.
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