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….
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….
Shortly after the EB-5 investor files his/her I-829, USCIS will issue a receipt notice that allows the investor and any dependents to re-enter the United States. The status extension lasts for one year and may need to be renewed if the extension expires before the investor’s I-829 Petition is adjudicated….