Complete Guide To Conditional Residency


EB-5 Insider Team

A group of professionals with years of experience helping people immigrate to the US

Note: This article is for informational purposes only. We are not providing legal advice or selling securities. The articles and content on this site are of a general informational nature only and should not be relied upon for individual circumstances.

EB-5 investors receive conditional permanent residency for two years. To remove the conditions of their residency and receive permanent residency status, they must meet a set of requirements and fulfill their duties under the EB-5 investor program, including job creation.

Within 90 days of the expiration of this two-year period, EB-5 investors must file a Form I-829, known as a ‘Petition by Entrepreneur to Remove Conditions,’ to remove the conditions of their residency.

We’re sharing everything you need to know about conditional residency, including its limitations and potential challenges with I-829 applications.

What is Conditional Residency?

EB-5 investors are subject to a two-year conditional legal permanent residency period. USCIS will issue you a permanent resident card, known as a ‘green card’ when you receive your conditional permanent resident status. It will include the approval and expiration dates for your conditional resident status.

Conditional residency automatically expires after this two-year period. If you fail to file a Form I-829, you may be deported.

How Long is Conditional Residency Valid For?

EB-5 investor visas offer conditional residency for two years, after which time the immigrant must apply to remove the conditions of their residency. A form I-829 must be filed within 90 days before the expiration of the conditional permanent resident status. You can find this expiration date on your green card.

Requirements for Conditional Residency

When the USCIS approves your I-829 petition, your residency is no longer considered to be conditional and instead transitions to that of a legal permanent resident (LPR). Although EB-5 investors are subject to this two-year conditional residency period, it counts towards the five years of residency required to apply for U.S. citizenship.

If you fail to submit your I-829 petition within 90 days of the expiration of your CLPR status, your resident status will be terminated, and a Notice to Appear (NTA) will be issued. You will be deported unless you can demonstrate that you were prevented from submitting your I-829 petition on time due to extenuating circumstances. You can submit a request to excuse a late filing or provide a written explanation with good cause.

When you file your I-829 petition, your conditional permanent resident status is extended for six months or until your form I-829 is processed. You are expected to carry the receipt of filing for your Form I-829 with your green card.

Limitations on Conditional Residency

Conditional permanent resident status grants immigrants the same rights as permanent residents. Once an EB-5 investor receives a green card, they can freely live, work, and travel throughout the United States. Conditional permanent residents are subject to the same responsibilities as permanent residents, including the potential for any immigration-related offenses resulting in removal proceedings.

The main difference between conditional residency vs. permanent residency is that the former has a two-year lifespan, after which time an EB-5 investor must file a form I-829. By comparison, permanent residency does not have an expiration date but requires renewal every ten years.

Leaving the U.S. for More Than Six Months on an EB-5 Visa

One major point to note for conditional permanent residents is that they should not leave the United States for more than six months. The USCIS may determine that an EB-5 investor does not intend to permanently reside in the United States. If you intend to spend extended periods outside of the United States, you will want to provide sufficient evidence of your ties to the U.S. and your intention to return.

You can use evidence of a primary residence, employment or business ownership, U.S. bank accounts, tax returns, or family members living in the United States. You can also mitigate the risk of problems from USCIS by obtaining a re-entry permit before you leave the United States for an extended period. A re-entry permit will be issued by USCIS for residents who plan to travel outside the U.S. for more than 6 months without impacting their permanent resident status.

If you plan to leave the United States for more than six months during the two-year conditional residency window, you should apply for a re-entry permit on form I-131.

Challenges of Submitting an I-829 Petition

Within 90 days of the expiration of the conditional residency period, EB-5 investors must file a Form I-829, known as a ‘Petition by Entrepreneur to Remove Conditions’. Otherwise, their residency is automatically expired.

Your I-829 petition must be properly prepared and correctly submitted. EB-5 investors must provide that they have met the original requirements of their I-526 petition. You should demonstrate that the required investment was made and that it created 10 full-time jobs as a result. Your I-829 petition will require proof that you generated this necessary employment using documentation such as W-2s, payroll records, and I-9s. If you’ve invested in a business, you’ll need to provide financial records and its business license.

Although you can file your I-526 petition independently, it is advisable to work with a qualified immigration lawyer to avoid potential problems that could delay your application process. You will receive a six-month extension to your conditional permanent residency or an extension until your residency is approved, so long as it is filed on time. An EB-5 attorney will ensure that your application meets the requirements of the EB-5 visa program and that the necessary evidence is provided.

Your I-829 petition may be declined if you fail to show that you met the requirements of your approved I-526 petition, which may result in deportation.

Obtain Permanent Residency in the U.S. with EB-5 Insider

EB-5 Insider simplifies your path to U.S. residency. The EB-5 visa is the fastest route for foreigners seeking U.S. permanent residency and citizenship through investment. You can obtain a permanent U.S. green card for yourself, your spouse, and any unmarried children under 21 years of age for an investment of $800,000.

The EB-5 visa is one of the leading ‘golden visas’ in the world and one of the fastest ways to obtain permanent residency in the United States.

Start the process of applying for an EB-5 visa today, or contact our team for more information.

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