For EB-5 investors, getting their Form I-829 approved is a critical and exciting step, since it marks the end of the journey to obtaining a US green card. This last step, upon approval, removes the conditions from the applicant’s residency status, officially making them a permanent resident of the United States. Let’s break down the most common questions applicants have about this process.
What Is Form I-829?
Form I-829, or the Petition by Investor to Remove Conditions on Permanent Resident Status, is filed by EB-5 investors to prove they have met all of the EB-5 program’s requirements, particularly related to the proof of job creation by the EB-5 investment and the maintenance of the EB-5 capital at risk through the sustainment period.
The form is typically submitted within 90 days of the expiration of the two-year conditional permanent status, extending the applicant’s conditional residency while the I-829 is processed. This step has a filing fee of $3,750.
What Does Form I-829 Require?
Ensuring that your Form I-829 contains all the required pieces of evidence is essential to completing the EB-5 program smoothly and successfully.
Requirements include:
- Conditional green card (copies of the front and back)
- Proof that the new commercial enterprise (NCE) was established and sustained throughout your two-year conditional residency
- Proof that you met the minimum capital investment
- Evidence that the capital was maintained at risk through the sustained period
- Evidence that the investment met the job creation requirement
- Attending USCIS appointment to obtain biometrics, if required
When Do I File Form I-829?
You must file this form within the final 90 days of your conditional residency period. It’s important to note that missing this window can jeopardize your status in the United States, terminating your conditional permanent residence and putting you at risk of deportation from the country. For this reason, it’s essential to be timely with your filing and to ensure that you have met all requirements.
What Happens After Filing Form I-829?
Processing times for Form I-829 can vary, currently ranging from 22 to 45 months. During this time, investors can remain in the US as conditional residents until a final decision is made.
Once approved, the conditions on the investor’s residency are lifted, granting them and their family ten-year green cards, which are indefinitely renewable.
How LCR Capital Partners Can Support Your EB-5 Journey
Navigating the complexities of the EB-5 process can be overwhelming. That’s why LCR Capital Partners is here to help. From filing Form I-829 and every step before, our team can guide you through the EB-5 program with precision and care. We ensure that every step is managed efficiently and that you always have expert guidance, helping you secure your US permanent residency with confidence.
Take the next step toward your US green card and contact us today. Let us help you build a secure future for you and your family through the EB-5 program.
