Tag: conditional green card

US Customs & Border Protection

Green Card Validity Extended for Conditional Permanent Residents with a Pending Form I-829 or I-1751

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By Zeenat Phophalia

The United States Citizenship & Immigration Services announced on January 23 that it is extending the validity of Permanent Resident Cards (Green Cards) for 48 months beyond the card’s expiration date.  This applies to those individuals who have a properly filed and pending Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status).

This extension change applied on January 11 for Form I-829 and took effect on January 25, for Form I-751 and has been made by USCIS to accommodate the increasing processing times of these cases.

USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card to 48 months beyond expiry and will issue new receipt notices to eligible green card holders who previously received notices with an extension shorter than 48 months and whose cases are still pending. These receipt notices along with the expired Green card will serve as evidence of continued status while the I-751 or I-829 remains under processing.

Conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the United States.

Form I-829 relates to the EB5 Immigrant Investor Visa Program. The EB5 visa offers a route to a Green Card (US permanent residency) by investment. The minimum investment is $800,000, which must come from acceptable sources of funds and must create ten jobs. A qualifying family unit is permitted to apply together under a single investment.

Contact us for more information.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Eb-5 Visa Investment Level Increase

Changes to EB-5 Investor Visa Processing

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The impact of the changes are being felt at different stages of the process, with greater leniency surrounding the I-829 process.

USCIS is extending the time that a receipt notice can be used to show evidence of lawful permanent resident status from 18 months to 24 months to take account of increased processing times for Form I-829.

What does this mean in practice?

When you file your Form I-829, USCIS will send you a Receipt Notice in the mail. That Receipt Notice, when presented along with your expired Green Card, provides proof of your lawful permanent resident status (for purposes such as border re-entry after international travel, employment authorization, bank verification requirements, and driver’s license applications).

Up to now, you were allowed to use the Form I-829 Receipt Notice as evidence of continued status for up to 18 months past the expiration date stated on your Green Card. That has been increased to 24 months past the expiration date stated on your Green Card.  USCIS has stated that they will be re-issuing Receipt Notices for those with pending Form I-829 applications to reflect this new 24 month extension.  We cannot predict how long it will take USCIS to re-issue those Receipt Notices.  If you have a pending Form I-829, please ensure that USCIS has your current mailing address on file.

What is Form I-829? 

Form I-829 is the petition by a EB-5 investor to have the conditions on their Green Card removed. Successful EB-5 applicants are initially granted a two-year Conditional Green Card / Conditional Permanent Residency.  Before the expiration date on your Conditional Green Card, you must apply to have those conditions removed by showing that your investment complied with the requirements of the EB-5 program (such as creating the required amount of new jobs). Please see the EB-5 timeline below or contact us for more information. 
 
Regional Center EB-5 Visa Processing
The National Visa Center (NVC) has announced that it will no longer act upon any new or pending Regional Center EB-5 visa petitions until further notice. The EB-5 Regional Center Program lapsed at the end of June 2021 and the NVC will not work on Regional Center applications until the program is reinstated.  The NVC is the organization that receives an approved EB-5 file from USCIS, does document verification (DS-260 completion, birth certificates, police clearances, etc), and then issued interview assignments at the Consulates.

When will the EB-5 Regional Center Program be reinstated? 

We cannot say for certain if and when Congress will reinstate the EB-5 Regional Center Program, but it might be included in the must-pass spending legislation due by the end of this month (September).

What about Direct EB-5?

In the meantime, the Direct EB-5 visa option remains open and the NVC will continue to act upon any Direct EB-5 petitions. Direct EB-5 is currently open with a minimum investment threshold of $500,000.

Please contact us to discuss any aspect of the EB-5 process. 

Example EB-5 Visa Timeline (actual timeline will vary)

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.