Extending Conditional Lawful Permanent Resident Status for EB-5 Investors With a Pending Form I-829
An EB-5 investor must file an I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status during the 90 day window before expiration of the investor’s 2-year conditional green card. Once the investor has filed the I-829 petition, he/she will receive an I-829 receipt notice. The language on the receipt notice states that the investor’s conditional residence is extended for one (1) years from the expiration date on the 2-year conditional green card.
Given that current I-829 processing times are 27 months, issues arise when an investor’s I-829 petition is pending for more than a year. USCIS will not mail another I-829 receipt notice after one year has passed, and an investor’s permanent residence card is not automatically extended again after the first year.
Instead, investors must attend an InfoPass appointment at a local USCIS Field Office to request a Form I-551 stamp to be placed in their passport. This stamp provides temporary evidence of the investor’s lawful permanent residence status. An investor can schedule his/her appointment here: https://my.uscis.gov/appointment.
Therefore, 30 days before the expiration of the one-year extension, if the investor has not been notified by USCIS of a decision on the I-829 petition, then the investor should contact the field office nearest to him/her to obtain a Form I-551 stamp.
If you have questions about EB-5, please contact the attorneys at SKT.