Form I-829, Explained

What Is Form I-829?

Form I-829 (“Petition by Investor to Remove Conditions on Permanent Resident Status“) is used by EB-5 investors to request the removal of conditions on their two-year green card. Filing this form grants them a 10-year permanent green card.

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Processing Time

The processing time for Form I-829 is currently 10.5 months, a huge drop from 41 months in 2024, according to USCIS data. Keep in mind the wait time can vary based on your unique circumstances and USCIS workload.

• Typical Processing Window: USCIS processing times for Form I-829 are subject to change, so it is advisable to consult the USCIS Processing Times page for the most current information.
• Factors Influencing Time: Completeness of the filing, submission during the appropriate filing window, and any requests for additional evidence can impact the overall processing time.

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Tip: To avoid delays, ensure that your petition is complete, all supporting documents are included, and the form is submitted within the 90-day filing period.

Cost

The cost to file Form I-829 is $9,525

Payment can be made via money order, personal check, cashier’s check, or, where accepted, by credit or debit card (using Form G-1450).

Important Reminder: Filing fees are non-refundable, even if your petition is denied or if you withdraw your petition later.

Eligibility

To be eligible to file Form I-829, you must meet the following criteria:

• Conditional Permanent Resident Status: You must have obtained your conditional green card through a qualifying investment under the EB-5 program.
• Filing Window: The petition must be filed within the 90-day period immediately before the expiration of your conditional status. (Your green card’s expiration date also marks the end of your conditional period.)
• Good Cause for Late Filing: If you miss the 90-day window due to extenuating circumstances, USCIS may accept a late filing provided you include a written explanation and request discretion for late submission.

Note: Ensuring you meet these eligibility requirements is crucial to a successful petition.

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Supporting Documents

Along with Form I-829, you must submit supporting documents to prove that you meet the requirements for removing the conditions on your residency. These documents include:

• Proof of Investment: Evidence showing that you made the required investment in a new commercial enterprise.
• Business Records: Documentation that demonstrates the ongoing operation of the business and creation of jobs.
• Financial Records: Bank statements, tax returns, and other records that validate your investment and business performance.
• Personal Information: Copies of your conditional permanent resident card, passport, and other identification documents.
• Additional Evidence: Any additional documents requested in the Form I-829 instructions to support your petition.

Tip: Carefully review the Form I-829 instructions for a complete list of required documents, and double-check that all pages are from the same edition of the form.