I-829: Petition by Investor to Remove Conditions on Permanent Resident Status

What is a Form I-829?

Form I-829 is an immigration form used for the purpose of petitioning to remove the conditions on permanent resident status. This form is typically used by foreign nationals who have obtained permanent residence in the United States through an investor visa program. The filing of the I-829 form is the final step in the process and allows the investor to obtain permanent resident status.

Who is Eligible for Form I-829?

Form I-829 is available to foreign entrepreneurs or investors who are seeking to remove conditions on their permanent residency after they have successfully completed their two-year conditional residency period. To be eligible, the applicant must have:

•Invested or been actively in the process of investing the required amount of capital into a new commercial enterprise which was created in the US;
•Created, or can demonstrate that they will create, 10 full-time jobs for US citizens or permanent residents;
•Been granted conditional permanent residence in the US; and
•Show proof that their business has been operating throughout their two-year conditional residency period.

What is the Latest Form I-829 Edition?

The latest Form I-829 edition is published by the U.S. Citizenship and Immigration Services (USCIS). The current version is dated 08/25/20 and can be accessed on the USCIS website.

What are the Required Documents for Form I-829?

1. Proof of legal admission to the United States (e.g., passport, visa, or receipt for an application for adjustment of status);
2. Evidence that the principal alien has invested or is actively in the process of investing the requisite capital;
3. Evidence that the required capital has been substantially invested;
4. Evidence that 10 jobs have been created or are in the process of being created;
5. Evidence that the jobs have been or will be maintained for at least two years;
6. Financial documents detailing the source of funds used to make the qualifying investment;
7. A detailed business plan;
8. Evidence of an organizational structure and management of the new commercial enterprise;
9. Tax returns and/or other evidence of taxes paid;
10. Evidence of compliance with all applicable federal laws;
11. A letter from the Regional Center that approved the immigrant’s I-526 Petition; and
12. Any other documentation as requested by U.S. Citizenship and Immigration Services (USCIS).

How to Submit Form I-829?

Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, is the official application for entrepreneurs to remove conditions from their temporary green card status and become a lawful permanent resident (LPR). The form must be submitted to the U.S. Citizenship and Immigration Services (USCIS) along with all of the required supporting documentation. Here is a step-by-step guide on how to submit Form I-829:

1. Prepare the form and all of the necessary supporting documents and evidence.

2. Gather all of the required fees and payment information.

3. Collect any biometrics that may be necessary, such as fingerprints or photographs.

4. Fill out Form I-829 completely and accurately following all instructions included on the form.

5. Submit Form I-829 to USCIS either via mail or online using their e-Filing system.

6. Wait for a response from USCIS regarding approval or denial of your petition.

7. If approved, you will receive a Notice of Approval from USCIS and become a lawful permanent resident (LPR).

What are the Filing Tips for Form I-829?

1. Understand the eligibility requirements: In order to file Form I-829, the applicant must have been granted permanent residence status by an investor visa (EB-5).

2. Gather required documents: Assemble the necessary evidence to support your application, such as tax returns for the past five years, proof of investment, and USCIS Form I-526.

3. Submit the application: Submit the form along with the applicable fees and supporting documents to the appropriate USCIS address.

4. Respond to Requests for Evidence: If USCIS requires more information or evidence, respond promptly with the requested information.

5. Follow Up on the Status: After submitting your application, you may check the status of your case online or by calling USCIS Customer Service.

6. Contact an Immigration Attorney: If you have any questions or need help filing Form I-829, contact an experienced immigration attorney who can provide legal advice and support.

Are There Special Instructions for Form I-829?

Yes. When completing Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, the instructions must be followed closely to ensure accurate completion. Instructions for Form I-829 can be found on the United States Citizenship and Immigration Services website. In addition to the instructions, applicants should also consult with a qualified immigration attorney for assistance in completing the form and submitting the appropriate documentation.

What is the Form I-829 Fee?

The Form I-829 Fee is a fee charged by the United States Citizenship and Immigration Services (USCIS) when a person files a Petition by Entrepreneur to Remove Conditions on Permanent Residence. The fee is currently set at $3,750.

Can I Apply for Form I-829 Fee Waiver or Reduction?

You can apply for a Form I-829 fee waiver or reduction by submitting an I-829 Waiver or Reduction of Fee Request and supporting documentation to the USCIS. To do so, you must provide evidence that the fee would cause undue economic hardship, such as evidence of unemployment and limited available funds. If the request is approved, the USCIS may waive or reduce the fee.

What is the Form I-829 Processing Time?

The processing time for Form I-829 can vary depending on the individual circumstances of the applicant. Generally, it takes anywhere between 6 to 12 months for USCIS to process the form. The overall timeframe may be extended if the application is incomplete or more information is required from the applicant.