In U.S. EB-5 investment immigration, whether an investor can successfully remove the conditions on their green card depends on the outcome of the I-829 application. How is the U.S. investment immigration I-829 application filed? What are the relevant procedural details and precautions? WorldWay's U.S. immigration experts provide a detailed analysis and answers regarding the specifics of the I-829 application.
1.What is the I-829 Petition to Remove Conditions?
According to the law, investors may file an I-829 application one year and nine months after receiving their two-year valid investment immigration green card, which is within the three months prior to the expiration of the two-year conditional green card, to request the removal of the conditions and obtain a permanent green card. Holders enjoy the same rights and social benefits.
2. What must the applicant do before filing the I-829 application?
The applicant only needs to sign the I-829 application form and provide relevant personal information, such as a U.S. address and telephone number.
3. What must the applicant do after filing the I-829 application?
The applicant needs to receive the I-829 receipt notice and biometrics appointment notice for each family member, and complete the biometrics collection at the time and location specified in the notice.
4.What should I do if I cannot attend the biometrics appointment on time?
If you cannot attend the biometrics appointment on time, you may mail the original document to the designated location to reschedule the appointment date.
5.What is the status of the applicant if the conditional green card expires before a final decision is made on the I-829 application?
During the review process of the I-829 application, the applicant remains in the status of a conditional lawful resident. Even if the conditional green card expires before a final decision is made on the I-829 application, the applicant still maintains the status of a conditional lawful resident. Generally, the conditional permanent resident status can be extended for one year until the I-829 application is finally approved by the U.S. Citizenship and Immigration Services (USCIS).
6.What is the average processing time for the I-829 stage?
The average processing time for I-829 is constantly changing. You can check the latest average I-829 processing time published by USCIS on their official website. As of August 31, 2014, the average time for I-829 was 7.2 months.
7.How can an applicant check the status of their I-829 application?
On the official USCIS website http://www.uscis.gov, click on "Check Your Case Status" and enter the WAC number on your biometrics notice to check the progress.
8.If a family member does not participate in the I-829 application, will it affect the application?
1) If a derivative applicant does not participate, it will not affect the application;
2) If the principal applicant does not participate, other family members cannot apply for the removal of conditions via I-829.
9.If a couple divorces after receiving their conditional green cards, will this affect the spouse of the principal applicant's I-829 application (petition to remove conditions)?
No. According to current regulations, if the principal applicant and their spouse divorce during the period of conditional residency (i.e., the period between their landing in the U.S. as conditional residents and becoming permanent residents), the principal applicant's former spouse may file an I-829 together with the investor or file an I-829 petition to remove conditions independently.
