How to File the I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status

How to File the I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status

After obtaining a green card in the United States through entrepreneurship, one’s permanent residency is usually conditional. Nonetheless, after two years one can have these conditions eradicated in addition to getting a permanent green card. This objective can be obtained through filing the I-829 form to allow the US Citizenship and Immigration Services to decide whether to remove the conditional status. Therefore, it would be prudent to contract RunRex.com to help in appropriately filing this petition. This firm has qualified immigration attorneys that would be of assistance to EB-5 investors. 

The purpose of this file

Filing the I-829 form is imperative in imploring the USCIS to eliminate any conditions on the residence acquired under the EB-5 program. This form should be submitted within the last ninety days of one’s two-year provisional residency period. Filing it results in the conditional permanent residency being extended by six months. One will then get a filing receipt to be carrying with their Permanent Resident Card. If one were to travel outside the country, he or she would have to present both documents to get readmitted. On the other hand, failure to file the I-829 form compromises one’s achievement of permanent residency. The permanent resident status will be lost as of the second anniversary of the date when conditional status was issued. Consequently, one is removable from the country. Nonetheless, if the failure to file it was based on sound reasons, one can still file the petition late in addition to including a written request that he or she be excused for the late submission. 

Those that qualify to fill the I-829 form

For anyone that got provisional permanent resident status via entrepreneurship, filing the I-829 petition is imperative. The file can comprise your partner and kid. Alternatively, you can have them submit their requests separately. Also, there are circumstances where people got provisional permanent resident status through a partner or parent EB-5 investor that has since died. Such individuals also qualify to use the I-829 form for the eradication of the conditions. 

Accurate completion of the form

• You must fill the entire form appropriately and sufficiently. The designation N/A should be used when something is inapplicable and “None” if the response to a question is none.
• The form should be legible in addition to being in black ink. 
• If there is a need for extra space, you are allowed to attach a continuation sheet. Each sheet should bear the item number, date, and be signed. 
• It should also be signed to avoid having it being rejected. 

Payment of the correct fee

While filing the form one must pay fees amounting to $3,750. One must also pay $85 for biometric services for their petition. This charge also applies to partners or children that are in the petition. 

Biometric services

The petitioner will have to have his or her photograph, signature, and fingerprint taken. USCIS will give the notification concerning the place, date, and time for these services to be offered. Failure to make an appearance could lead to the revocation of the application.

Supporting documentation 

• Permanent Resident Card.

Copies of this document must be filed. Also, copies of your partner’s or children’s permanent resident card could also be included. 

• Proof of the existence of the commercial enterprise.

Several documents will need to be attached with each of them being labeled. Firstly, one must demonstrate to have set up a commercial enterprise with documents such as federal tax returns being included. Secondly, one should prove that he or she invested or was actively engaged in the investment of the necessary capital. An audited financial statement is an excellent document to include. Thirdly, one must attach evidence indicating the sustenance of the business and investment in it throughout the two years. Such documentation comprises contracts, invoices and receipts, business licenses, bank statements, and income tax returns. Lastly, one should submit proof concerning the number of full-time workers at the beginning and the present. The evidence includes payroll records and relevant tax documents.

• Necessary evidence if the entrepreneur partner or parent has died. 

One should include the EB-5 investor’s permanent resident card, his or her death certificate, and evidence that the necessary conditions were satisfied. 

• Criminal history.

Documentation concerning any arrests or conviction will have to be filed. However, traffic incidents are exempted unless they were drug or alcohol related. 

Submission of the petition

The compiled petition should be mailed to the address stipulated on the website. 

What happens after you submit the I-829 petition?

After appropriately filing this form, the application is usually accepted. The USCIS may issue a request for more information or to appear for an interview. You will then be informed if you are eligible for the desired benefit, which will be in writing. 

In conclusion, the correct and timely filing of the I-829 petition is significant to guarantee the removal of any conditions placed on American residence acquired through entrepreneurship.