I-829 Petitions

Question: Is the 20 to 30 month window during which the I-829 must be filed, calculated from the time the I-526 is approved or the conditional green cards are issued?

Answer: There is no 20 to 30 month “window” during which the Form I-829 must be filed. To the contrary, the regulations require the filing of the Petition by Alien Entrepreneur to Remove Conditions (Form I-829) during the 90-day period preceding an individual’s two-year anniversary as a lawful permanent resident.

Lawful Permanent Resident status (on a conditional basis) is a function of admission or adjustment. The approval of the Immigrant Petition by Alien Entrepreneur (Form I-526) merely represents eligibility for an immigrant visa pursuant to INA § 203(b)(5). It is not an adjudication of admissibility for permanent resident status. Please refer to the Form I-526 instructions, specifically the sections entitled “Approval,” and “Meaning of Petition Approval” for more information.

Taken directly from USCIS EB-5 Immigrant Investor Program Quarterly Stakeholder Engagement on May 1, 2012.