The Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, or Form I-829, is filed by conditional permanent residents with EB-5 visas to remove the conditions on their status and become lawful permanent residents in the United States. The acceptance of this petition by U.S. Citizenship and Immigration Services (USCIS) is contingent on the fulfillment of the job creation requirement of the EB-5 immigrant entrepreneur visa.
Spouses, former spouses, and children can be included in your Form I-829 petition. If they are not included, each must file his or her own petition separately as they cannot be included together on a Form I-829 petition if they are not filing with the principal entrepreneur, unless the principal entrepreneur has died.
When Is Form I-829 Filed?
Form I-829 must be filed at least 90 days before the second anniversary of your immigrant status (an approved Form I-526 petition). A failure to file this petition within the 90-day period (without good cause), USCIS will terminate your conditional permanent resident status and you will become removable from the United States. If the failure to file within that 90-day period was for good cause or due to extenuating circumstances, you may file your petition late with a written explanation and request that USCIS, in its discretion, excuse your late filing.
Instructions for How to Fill Out Form I-829
1. Provide a valid signature. The USCIS does not accept typed or stamped signatures, only physical, written signatures. Children under 14 years of age and physically disabled applicants may have their applications signed by a parent or legal guardian.
2. Enclose the filing fee. As of August 1, 2017, the filing fee for Form I-829 is $3,750. For applicants between the ages of 14 and 79, there is a biometric services fee of $85. If an applicant turns 14 years old during the application process, they have to pay the $85 biometric services fee before USCIS will rule on the application.
3. Provide all relevant or necessary evidence. Upon filing, all evidence and supporting documentation required for this petition must be submitted, including:
- Evidence of Conditional Permanent Resident Status
- Evidence Related to the Entrepreneur’s Commercial Enterprise, Investments, and Job Creation
- Evidence for Petitioners Filing as a Former Spouse or as a Spouse or Child Whose Entrepreneur Spouse or Parent has Died
- Evidence of Criminal History
4. Schedule a biometric services appointment. The USCIS will inform you in writing if you need to attend a biometric services appointment after submitting the form. If you fail to attend your biometric services appointment, USCIS may deny your application.
5. Make copies of everything. You should submit legible photocopies of documents requested in your application unless the instructions specifically state, or USCIS requests, that you must submit an original document.
6. Make sure the application is translated into English. The translator must sign a certification that indicates that the translation is complete and accurate. The translator must also indicate that he or she is competent to translate this document into English.
Where to File Form I-829
There are two ways to mail in your petitions. For U.S. Postal Service, enclose your application to the following address:USCIS California Service Center
P.O. Box 10526
Laguna Niguel, CA 92607-0526
For FedEx, UPS, and DHL deliveries:24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677
After Filing Form I-829
If USCIS accepts the petition before the conditional permanent resident status is terminated, conditional permanent resident status is automatically be extended for one year. If a petitioner is traveling outside the United States while a Form I-829 petition is pending, the traveler will have to present both the Permanent Resident Card and the filing receipt for this petition upon returning to the U.S.
Seeking Further Assistance for Form I-829
USCIS provides Form I-829 for free on its website. For more detailed instructions, visit the USCIS page on Form I-829. You should also consider consulting with an immigration law expert or attorney. This petition is very detailed and someone experienced in EB-5 visas and permanent residence applications can help the process.