I-829
Also known as: Petition to Remove Conditions, Conditions Removal petition
Foundational · EB-5 Glossary
Definition
The USCIS form filed by conditional permanent residents to remove the conditions on their green card. In the EB-5 context, the I-829 must be filed within the 90-day window before the second anniversary of the investor's admission as a conditional resident. Approval results in a permanent (unconditional) green card.
Context
The I-829 requires demonstrating that the investment was sustained throughout the conditional period and that the required job creation occurred. Current processing times are approximately 32 to 47 months.
Related Terms
More Foundational Terms
- Adjustment of Status
The process of changing immigration status to lawful permanent resident while physically present in the United States. In the EB-5 context, adjustment of status is one of two pathways to obtain a green card (the other being consular processing). The applicant files Form I-485 with USCIS.
- At-Risk Investment
The legal requirement that EB-5 investment capital be placed at genuine risk of loss for the purpose of generating a return. The investment cannot be structured with a guaranteed return of capital or a guaranteed rate of return. Arrangements that eliminate risk, such as redemption agreements, loan guarantees, or insurance against loss, are inconsistent with the at-risk requirement.
- Concurrent Filing
The practice of filing Form I-485 (Adjustment of Status) at the same time as or shortly after Form I-526E, when a visa number is immediately available. Concurrent filing allows the investor to obtain interim benefits (EAD and Advance Parole) while the I-526E is adjudicated.
- Conditional Residence
A two-year period of permanent resident status that EB-5 investors receive upon initial admission or adjustment of status. During this period, the investor holds the same rights as an unconditional permanent resident but must file Form I-829 to remove the conditions before the two-year anniversary.
- Consular Processing
The process of obtaining an immigrant visa at a U.S. embassy or consulate abroad. In the EB-5 context, consular processing is the alternative to adjustment of status for investors who are not in the United States or who prefer to process abroad. The final step is an in-person interview at the consulate.
Track your priority date
Create a free account to get monthly visa bulletin alerts, extended historical data, and a personalized dashboard.
Create free account →