Application To Remove Conditions
Petitioners who file for Form I-829 Petition by Entrepreneur to Remove Conditions on permanent resident status, will now receive a Form I-797 receipt notice that they can present with their form I-551- (Permanent Resident Card).
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This will serve as evidence of continued status for 18 months after their conditional Permanent Resident Card expires. The U.S Citizenship and Immigration services (USCIS) made these changes on June 11, 2018. Before these changes were made, the USCIS would issue receipt notices that were valid for 12 months after the conditional Permanent Resident Card has expired.
The reason why these changes were made is because processing times for Form I-829 have been taking over 12 months.
Various service centers were taking 13 to 36 months to process those forms. Those with a pending form I-829, who obtained lawful permanent resident status through E5, are also affected by these changes.
This receipt acts as evidence for a conditional permanent resident’s status in the United States. It also serves as the official in
Why People File for Form I-829
People file for Form I-829 as a final step of the EB-5 visa process for immigrant investors to become lawful permanent residents of the U.S.A. This petition has to be filed “within 90 days preceding the date you obtained your conditional resident status.”
You can figure this out by counting backwards by 90 days from the expiry date of your Green Card. The expiration date is calculated from the date an individual became a conditional resident not the date they filed their I-526 Petition.
You will need to provide evidence that you successfully met the requirements of the EB-5 program while filing for the I-829.
Requirements For I-829
The pieces of evidence that EB-5 investors need to prove that they have fulfilled the all the EB-5 program requirements include:
- Photocopy of their green card (permanent resident card)
- Present evidence of federal tax returns to prove that a commercial enterprise was successfully established
- Bank statements, audited financial statements and other evidence to demonstrate that capital investments were made
- Payroll records and relevant tax documents to prove that the required number of jobs were created by the project
- Receipts, invoices, contracts, business licenses and other documents that prove that the commercial enterprise was sustained during the two year conditional residency period
- These are jus t a few of the requirements that you need to apply for Form I-829.
Types And Functions Of Form I-797
There are numerous types Form I-797 because the USCIS uses these forms to convey different communication with applicants or petitioners. They include:
- I-797, Notice of Action: Issued when an application is approved
- I-797A, Notice of Action: Issued to an applicant as a replacement Form I-94
- I-797B, Notice of Action: Issued for approval of an alien worker petition
- I-797C, Notice of Action: Issued to communicate receipt of payments, rejection of application, transfer of files, fingerprint biometric, interview and rescheduled appointments, and re-open cases
- I-797D: Accompanies benefit cards
- I-797E, Notice of Action: Issued to request for evidence
- I-797F, Transportation Letter: Issued overseas to allow applicants to travel