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When to apply for I-829 Petition to Remove Conditions on Your Immigration Status?

An EB 5 visa can be a great way to get started towards permanent residency in the United States. It is just the first step, though. This visa only lasts for two years. After that time, you must take further steps to maintain residency or you could face deportation.

It is important to understand all immigrant investor information for the EB 5 because showing you have met all the requirements is an essential part of securing a green card to stay in the country longer. It is also important that you understand the process that comes after the EB 5 visa so you can ensure you do not miss the deadline.

Filing an I-829 Petition

For residency after the expiration of the investment visa, you will need to file an I-829. This form is a petition to remove the conditions on your existing visa. These conditions limit your visa to two years. You must show your investment has been successful and that you met all the requirements of the visa terms.

The I-829 petition must be filed before 90 days have passed from the end of your investor visa term. If you do not file within 90 days, you could be deported. Because you can bring your spouse and dependents with you under this type of visa, they will be deported as well. Filing within the time limit is essential to ensuring you can stay in the country.

What Must Be In an I-829 Petition

The I-829 must be properly prepared and submitted to avoid any problems. You will need to gather information about your investment that shows it met all the requirements, specifically that the right investment was made and the correct number of jobs were created and maintained.

If it is determined that you have not met the requirements or that you have failed to provide sufficient proof, the USCIS can deny your application. For this reason, it is usually recommended that you seek the help of an immigration attorney to ensure you have your application properly filled out and have provided all the requested information to satisfy the USCIS requirements.

Final Notes

Each situation is different. What someone you know had to do to file their I-829 may not be the same as what you will need to do. The nature of the investment visa means that you will have a unique investment that requires its own paperwork. You cannot copy someone else’s I-829 or even follow what they did. You may not give the USCIS the right information, leading to a denial of your application.

Because your family is also relying on the I-829 petition to be approved so they can stay in the country, you want to be extra careful when filing. Always double check to ensure you have included everything that could possibly be needed to prove you have fulfilled the requirements under your EB 5 investment visa. If your petition is approved, you will be issued new green cards, allowing you to remain in the country as a permanent resident without any restrictions.


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