Frustrated with Temporary Green Card Stamps While I-829 Pending? WR Has a Solution for You

Sep 11, 2020 | Investor Visas

USCIS processing of Forms I-829 Petition by Investor to Remove Conditions on Permanent Resident Status has taken a turn for the worse, and conditional green card holders are suffering with the bureaucratic challenges that arise from USCIS’ delays, which damage their ability to live in the United States and fully derive the benefits of their conditional lawful permanent residency.  It appears that USCIS has a pattern and practice of delaying adjudications on Forms I-829 in an attempt to make life harder for immigrants and causing some to give up, despite regulations requiring a decision or interview within 90 days of filing.

Wolfsdorf Rosenthal LLP has a solution to compel USCIS to finalize a Form I-829 adjudication within a reasonable amount of time – file a lawsuit in federal court under the Administrative Procedures Act.

USCIS reports on its website the following average processing time on a Form I-829.  Since 2016, processing times have increased nearly 95%.

Fiscal YearProcessing Times in Months
201619.1
201727.7
201827.1
201933.3
202037.2

USCIS now reports processing times of 33 to 59 months for Forms I-829 (though in November 2020 it was up to 234 months!).

The 18-month conditional green card extension issued with a timely filed Form I-829 is insufficient to cover the amount of time it takes USCIS to adjudicate the Form I-829, requiring conditional green card holders to obtain I-551 extension stamps on their passports every year to confirm their U.S. immigration status, which is needed to (a) demonstrate work authorization, (b) renew driver’s licenses, and (c) travel internationally freely.

Obtaining the I-551 extension stamps requires attending a USCIS InfoPass appointment.  During the COVID-19 global pandemic, USCIS has reduced the number of appointments available and even require evidence of a medical or business emergency abroad, despite the fact that it is unlawful under U.S. law to be in the country without unexpired proof of immigration status.

Further, EB-5 investors are able to get their funds repaid after 2 years of conditional residency, but many EB-5 projects have repayment terms upon I-829 approval, subjecting their funds to further risk.  Additionally, for those who wish to become a U.S. citizens, USCIS will not finalize the adjudication of a Form N-400 until the Form I-829 is approved.

USCIS’ delay is not due to lack of agency resources, the number of cases on file, or any provision in the law.  It is an attempt to limit legal immigration and deny green card holders their right to live without restrictions in the United States.  The delay is not justified, and a lawsuit in federal court under the Administrative Procedures Act can push USCIS to make a final decision on a Form I-829.  Wolfsdorf Rosenthal LLP continues to have success with its lawsuits against USCIS and expects the demand for these cases to rise as USCIS’ delays continue.

Related Posts:

EB5 Investors: USCIS Launches New $20K Fee for EB-5 Regional Centers, Managing Partner Bernie Wolfsdorf Responds

The Department of Homeland Security has posted a Federal Register notice alerting EB-5 stakeholders that the USCIS will begin collecting funds for the EB-5 Integrity Fund to administer the EB-5 Regional Center Program, as required by the EB-5 Reform and Integrity Act of 2022. In their blog piece analyzing this update, EB5 Investors Magazine staff reached out to WR Managing Partner Bernie Wolfsdorf for comment. In the article, Wolfsdorf states, “[t]he decision by USCIS to collect a $20,000 Integrity Fee from regional centers in addition to all the other fees collected, is highway robbery, especially when coupled with the threat to terminate the designation of any regional center that does not pay the fee within 90 days of the due date.” To read the entire blog piece, visit the EB5 site>>

EB-5 I-829 Receipt Notices Extended to 24 Months, But Extensions Don’t Go Far Enough

With Processing 36-60 Months, Litigation May Be the Only Option to Secure Permanent Green Card USCIS has begun to issue receipt notices to all immigrant investors with pending Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, three months after announcing the policy change to extend Conditional Lawful Permanent Residency to 24 months upon a timely filing of a Form I-829. USCIS is issuing new receipts to immigrant investors who have already been waiting for adjudication for over 24 months, which hardly helps when the waiting line is 3-5+ years. USCIS online processing times show that it takes the Immigrant Investor Program Office (IPO) 38 to 63.5 months to adjudicate a Form I-829.  An immigrant investor is not even allowed to inquire on the status of one’s case unless the I-829 was filed before September 2016.  This makes no sense, in particular nowadays when IPO does not have Regional Center-based Form I-526 petitions to adjudicate. It appears USCIS will not adjudicate a Form I-829 unless being forced to as a result of mandamus litigation alleging unreasonable delay.  In the past 30 days, it appears IPO has only adjudicated 100 Form I-829s.  For immigrant investors whose Form I-829 has been […]