Removal of Conditions
Under the EB-5 provisions, an investor and his family dependents are initially granted legal permanent resident (LPR) status on a conditional basis. During the three-month window prior to the second anniversary of becoming a conditional resident, the investor must file a Form I-829, Petition to Remove Conditions to become a legal resident without conditions.
Filing the I-829
Documents submitted with the I-829 petition must show that the petitioner’s capital was deployed to job-creating activities as planned, that an “at risk” capital investment was sustained throughout the two-year period of conditional residence, and that the enterprise has satisfied the job creation requirements of the law. Current I-829 adjudication times are available on the Check Case Processing Times page of the U.S. Citizenship and Immigration Services (USCIS) website here.
In preparing and filing I-829 petitions, the immigration attorneys at the Law Offices of Robert P. Gaffney work closely with our clients and the management of the EB-5 enterprise to assemble and present the voluminous evidence required to establish all required elements and obtain petition approval.