10 Things You Need to Know About I-829 Petitions

10 Things You Need to Know About I-829 Petitions

EB-5 visa applicants have to file several forms throughout the whole process of their application. The I-829 petition comes last, and it is perhaps the most important. It is easy to file with the right guidance, but it helps to know what it entails and requires beforehand. 

Here is a brief insight into ten crucial things that every EB-5 visa applicant should know about the I-829 petition. 

• It Should Be Filed with The USCIS Within 90 Days

The I-829 petition should be filed with the USCIS at least 90 days before the end of the applicant’s conditional residence. It gives the authorities ample time to go over it and ensure that all the requirements are met. If it is not filed within 90 days, then chances of getting permanent residency can be jeopardized. 

• The Applicant Should Be a Holder of a Green Card 

When filing the petition, the applicant should include photocopies of his conditional residency card (green card) as well as copies of his/her family members’ cards. The family members should consist of a spouse and unmarried children aged 21 and below. These cards should not be a problem to obtain as they are issued when the conditional residence is granted. 

• The Applicant Should Provide Biometric Data

The U.S. has a sophisticated record-keeping system for all its citizens. As such, if you are going to become a permanent resident, then you will be required to provide your biometric data. It includes a photograph, signature, and fingerprints. This data is collected during a biometrics appointment session with the USCIS. 

• There Should Be Proof of an Established Commercial Enterprise

The EB-5 visa program is all about attracting foreign capital and investments into the U.S. To this end, one of the requirements is setting up a business that will create jobs for U.S. citizens. Every applicant is required to show proof of this in the I-829 petition. The evidence is shown through documents such as federal tax returns, invoices, and payrolls, among others. 

• The Commercial Enterprise Should Have Been Sustained Throughout the Conditional Residency Period

In addition to establishing a commercial enterprise, the investor should endeavor to keep it going throughout their conditional residence. It shows that the investor is serious about contributing to the country’s economy. Proof of this is demonstrated through a variety of documents including contracts, federal and state tax returns, and bank statements, among others. 

• An Immigration Attorney Should Prepare It 

The I-829 petition is very clear about all its requirements, but it takes a trained eye and mind to fill it without any flaws. As such, it is always recommended to hire the services of an immigration attorney. The attorney will fill it faster than you can and avoid any mistakes that can compromise your chances of getting permanent residency. 

• You Can Travel Out of the Country After Submitting the Petition 

Once the I-829 petition is filed, the USCIS will issue a receipt after about one week – it may take longer depending on the backlog. This receipt also comes with an extension for your green card which can be renewed indefinitely. The receipt, together with the green card, will allow you to travel out of the U.S. and still come back under the pending immigrant status. However, you should talk to your attorney about the limitations of this privilege. 

• There Is a Filing Fee of $3,750

The USCIS has to verify all the details of your I-829 petition. It takes a lot of consultation and resources, and it can be quite expensive for the government. To offset these costs, the USCIS charges 3,750 for every I-829 petition filed. This fee should be paid when submitting the file in the form of a bank receipt. It is also important to note that the biometric services cost $85, which is also paid when submitting the I-829 petition. 

• It Takes at Least Six Months to Process  

There are thousands of people who apply for the EB-5 visa every year. In fact, there is a backlog of thousands of such applications dating several years back, and this backlog is always growing. To this end, the USCIS is burdened with numerous files that it has to go through in detail. It takes time, and in most cases, it takes at least six months to have one’s application assessed. It may take longer depending on a particular year’s application cap, so it is advisable to submit your petition early. 

• You May Be Summoned for an Interview

The USCIS may ask you for an in-office interview if it requires clarification about your I-829 petition. It is especially prevalent if the required details are shallow or unclear. In some cases, however, this information may be requested via other channels such as online through the USCIS website, via phone, or through fax if documents such as bank statements are required. It is essential to avoid such a scenario as it may compromise your application, so consult the services of an immigration attorney.