Rural and Urban TEA Regional Center EB-5 Projects at $800K.
Adjust Status and Receive Work Permit (EAD) in as Fast as 60 Days and Receive Green Card Within 12 Months.
How might investors’ I-829 Petitions be affected by an incomplete project? How do delays in I-485 processing affect I-829 Petitions? What level of scrutiny does USCIS apply when adjudicating I-829 Petitions? If the principal applicant abandons his/her I-829 Petition, what happens to the immigrant status of derivative beneficiaries? How much does it cost to file an I-829 Petition?…
Generally speaking, divorce will have no affect on a conditional permanent resident’s ability to file Form I-829. The principal applicant may include the former spouse on his/her I-829 or, if necessary, the spouse can file his/her own I-829 Petition….
USCIS recently updated its online data for I-526 and I-829 Petitions to include Q3 of fiscal year 2017. During Q3 (April through June), the Investor Program Office (IPO) significantly increased its processing of I-829 Petitions, outpacing the receipt of new petitions for the first time in years—and by a significant margin. This increase in processing volume is likely due to the recently announced formation of a specific division of adjudicators focused on I-829 Petitions. I-526 Petitions, on the other hand, experienced reduced processing, resulting in the lowest number of adjudicated petitions this fiscal year. Fewer I-526 adjudications combined with a…
…to be a significant pickup in Q4 as there is another rush to file petitions before 9/30 although we believe it will be a significantly smaller rush than at the same point in the prior year. Trends of I-526 Receipts by Quarter FY2013 – FY2016, Q3 Trends of I-829 Receipts by Quarter FY2013 – FY2016, Q3 I-526 Petition Quarterly Statistics FY2013 – FY2016, Q3 Trends of I-526 Pending by Quarter FY2013 – FY2016, Q3 I-829 Petition Quarterly Statistics FY2013 – FY2016, Q3 Trends of I-829 Pending by Quarter FY2013 – FY2016, Q2…
If Form I-829 is denied, the case will be referred to immigration court, where the investor will have another chance to gain I-829 approval. If the judge does not approve Form I-829, the decision can be further appealed. If, however, the petition is not approvable, the investor will either need to find another EB-5 investment or some other means to maintain lawful status in the U.S.—or face deportation. An experienced EB-5 immigration attorney will be able to guide an investor through this process….
If the I-829 Petition is filed on time, the investor should receive a receipt within 10–14 days. With the receipt notice, the investor’s conditional status is extended for one year. If the I-829 Petition is not adjudicated within that year, the investor will need to have his/her passport stamped again to remain in status. Once adjudicated, the investor will, if approved, have the conditions removed from his/her status or, if denied, face immigration proceedings and possibly deportation….
Failure to appear at the biometrics appointment will result in the denial of Form I-829. If a scheduling conflict exists, it is best to reschedule as soon as possible. If the principal applicant misses the biometrics appointment, his/her family’s I-829 Petitions may also be denied….
The H-1B is a dual intent visa, and so an application for the H-1B Visa will not be affected by a pending immigrant visa petition. An immigrant investor with a pending I-829 Petition, however, has conditional permanent resident status and is not eligible for the H-1B Visa until the I-829 Petition is either abandoned or denied….
An incomplete project may pose a significant threat to the approval of investors’ I-829 Petitions, particularly if the project has not proceeded according to the business plan filed with investors’ I-526 Petitions. But an incomplete project may not pose a substantial risk in some cases—particularly when the project has significant job cushion built in. Generally speaking, as long as an EB-5 investor can prove that he/she invested the necessary amount of capital into an eligible project, that the investment was sustained throughout the conditional permanent residency period, and that the investment produced the necessary number of jobs, his/her I-829 Petition…
Conditional permanent resident status does not begin until the I-485 application is approved, and the I-829 Petition to remove conditions cannot be filed until 21 months after I-485 approval. Thus a delay in I-485 processing will result in a corresponding delay in an investor being able to file Form I-829….
