I829

Form I-829, Petition by Entrepreneur to Remove Conditions, is a United States Citizenship and Immigration Services (USCIS) form used by certain conditional permanent residents to remove the conditions on their residence. It applies to individuals who obtained conditional permanent residence through the EB-5 immigrant investor program and seeks to convert that status to permanent residence.

Eligibility and purpose: The form is filed by a person who was granted conditional permanent residence based on an investment in a new commercial enterprise and the required job creation. The petitioner requests that the conditions on residence be removed and that permanent residence be granted without conditions. The approval typically results in a 10-year permanent resident card.

Timing and filing: The petitioner must file Form I-829 within 90 days before the second anniversary of acquiring conditional permanent residence. It is filed with USCIS at the service center with jurisdiction over the applicant’s residence, along with supporting evidence and the required filing fee.

Evidence and requirements: Supporting documentation demonstrates that the investment was sustained and that the required job creation occurred or will occur. Common evidence includes records of the qualifying investment, documentation of the enterprise’s existence and operations, payroll and tax records, business plans, and documentation showing the investor’s ongoing involvement in the enterprise. The petitioner may also need to provide evidence of legal status, identity, and any prior immigration filings.

Processing and outcome: USCIS reviews the petition and may issue a request for additional evidence. An interview may be required. If approved, conditions on residence are removed and the individual becomes a permanent resident without conditions. If denied, the petitioner may have limited avenues for relief, depending on the grounds of denial and applicable immigration options.

See also: EB-5 visa, conditional permanent residence, USCIS Form I-829.