Petition to Remove Conditions for Investors (Form I-829)
Victoria Barr Law helps investors secure permanent U.S. residency by filing Form I-829 to remove conditions on their EB-5 green cards.
What Is Form I-829?
Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, allows EB-5 investors and their eligible family members to secure permanent U.S. residency by proving they met the required job creation and investment criteria during the conditional residency period.
Who Is Eligible to File Form I-829?
- EB-5 Investors: Individuals who received a conditional green card through the EB-5 Immigrant Investor Program.
- Eligible Family Members: Spouses and unmarried children under 21 included in the original EB-5 petition.
- Job Creation and Investment Met: Must prove that the investment created or preserved at least 10 full-time U.S. jobs.
Required Documents for Form I-829
- Completed Form I-829 signed by the investor
- Evidence of business operations (bank statements, tax returns)
- Proof of job creation (payroll records, W-2 forms)
- Updated business plan and financial statements
- Legal formation documents for the business
- Supporting affidavits from business partners or investors
Form I-829 Application Process
- File Form I-829: Submit the petition with all supporting documents to USCIS.
- USCIS Receipt Notice: Receive confirmation of application acceptance, extending conditional status while under review.
- USCIS Review: USCIS evaluates the petition and may issue a Request for Evidence (RFE).
- USCIS Site Visit (if required): USCIS may conduct site visits to verify business operations.
- Receive USCIS Decision: Approval results in permanent U.S. residency; denial may lead to further appeals or legal action.
Why Choose Victoria Barr Law?
- Investor Visa Experts: We have extensive experience preparing Form I-829 petitions with comprehensive documentation.
- Detailed Business Compliance Support: We ensure that business records and job creation evidence meet USCIS standards.
- Case Monitoring & Advocacy: We track the petition status and respond promptly to USCIS requests.
- Bilingual Legal Services: We offer services in both English and Spanish for effective communication.
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Frequently Asked Questions About Petition to Remove Conditions for Investors (I-829)
Form I-829 is used by EB-5 investors to remove the conditions on their 2-year conditional Green Card after meeting job creation and investment requirements.
You must file Form I-829 within the 90-day window before your conditional Green Card expires.
You need to provide evidence of your investment, job creation for at least 10 U.S. workers, and business activity, including financial records and payroll documents.
Failure to file on time may result in the termination of your conditional residency, and you may become removable from the United States.
Processing times for Form I-829 typically range from 24 to 36 months, depending on USCIS workloads and the complexity of the case.
Once approved, the conditions on your Green Card are removed, and you are granted lawful permanent residency without further restrictions.
Yes, your spouse and unmarried children under 21 years old can be included in your Form I-829 petition to remove their conditional residency.
Yes, you can travel if you maintain a valid Green Card or receive a temporary extension while Form I-829 is pending.
If job creation requirements are not met, your petition may be denied. However, alternative evidence or exceptions may sometimes help preserve eligibility.
While it is not mandatory, an experienced immigration attorney can help ensure accuracy, avoid delays, and address any issues in your petition.