I-829 Form - Removal of Conditions
- Used to request removal of conditional residency status
- $3,750 filing fee and $85 biometrics fee
Filing of the 'I-829 Petition by Entrepreneur to Remove Conditions' is the final step of the EB-5 visa application process for immigrant investors to become lawful permanent residents of the United States.
The I-829 petition must include evidence that the immigrant investor successfully met all United States Citizenship and Immigration Services (USCIS) requirements of the EB-5 Visa. Once the I-829 is approved, the investor's conditional residency restriction is removed so that the investor, their spouse and their unmarried children under the age of 21 can live in the United States permanently.
Approval of an AOS application or the grant of an immigrant visa followed by entry into the U.S. means that the investor and the spouse and qualified children of the investor have been granted Conditional Lawful Permanent Residence (CLPR) for two years. The “conditions” must be removed so that the aliens may reside in the U.S. indefinitely. Failure to remove the conditions results in the termination of CLPR status and will result in the commencement of removal proceedings.
Removal of conditions is sought by the filing of a I-829 petition in the 90 day period immediately preceding the second anniversary of the grant of CLPR status.
In support of the petition, the alien investor must demonstrate the following:
- full investment in the new commercial enterprise
- sustainment of the investment continuously since becoming a CLPR
- compliance with the requirement that ten (10) employment positions have been created as a result of the investment
The California Service Center currently has jurisdiction to decide a Petition to Remove Conditions. It is authorized to approve a petition, seek additional written information before deciding the petition, refer the petition to a local office where information will be elicited in an interview, or, it may deny the petition. If the petition is referred for an interview, the local office of USCIS will decide the petition after the interview.
During the pendency of the petition, aliens admitted in CLPR status remain in valid status even if the petition is not decided before the expiry of the two year period of admission. CLPR is extended in one year increments or until the Petition to Remove Conditions is adjudicated. Unfortunately, some USCIS offices have been reluctant to provide documentary evidence of the extension of CLPR status, presumably in ignorance of the law. Aliens have also experienced difficulty obtaining advance permission to travel during this period. This difficulty is not experienced in all instances and it may abate as local USCIS offices become more familiar with the law. Delays and improper denials of documents evidencing extended CLPR status and advance parole cannot be ruled out. Denial of such documents does not end the lawful status granted by statute.
Supporting Documents Required
Evidence that you in fact established a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’s organizational documents, and Federal tax returns.
Evidence that you have invested the total amount of required funds.
Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence. This evidence may include, but is not limited to, the following:
- Business invoices and receipts
- Bank statements
- Contracts
- Business licensees
- Audited or reviewed financial statements
- Complete copies of Federal or State income tax returns or quarterly tax statements.
Evidence of the number of full-time employees at the beginning of your business and at present. Such evidence may include but is not limited to:
- Business payroll records
- Relevant tax documents
- Employee tax form I-9’s.
* Note: Regional center affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.