Upon adjustment of status or admission to the United States, EB-5 immigrant investors and their family members receive conditional permanent residence status for a 2 year period. Conditional permanent residence means that in order to receive a green card without conditions, immigrant investors must properly file a Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (Form I-829).
After USCIS receives Form I-829, USCIS automatically extends the EB-5 investor's conditional permanent residence for 1 year, with opportunities to further extension, until Form I-829 is approved. This means that an immigrant investor will get an extension of their conditional green card while their petition to remove conditions on their conditional green card is being processed.
On May 2, 2018 USCIS provided a policy memo reaffirming that USCIS provides immigrant investors conditional permanent residence in the U.S. while their petition to remove conditions on their green card is pending.
Any comments regarding USCIS' policy on EB-5 conditional permanent residence with a pending Form I-829 are currently being accepted by agency until May 15, 2018.
By Kaitlyn Garcia, J.D. | Immigration Attorney | Houston, Texas