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I-829 Processing Times Have Run Amok

Apr 5, 2021 | Investor Visas

USCIS is reporting online that the estimated processing time for a Form I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status at Immigrant Investor Program Office is now 37 to 248 months.  USCIS is only allowing case inquiries for cases filed before August 6, 2000.  This is preposterous, especially considering that USCIS is required, by regulation, to adjudicate I-829 petitions within 90 days pursuant to 8 C.F.R. § 216.6(c).

More and more EB-5 investors are turning to federal courts to challenge the delays in their immigration process, including long-pending Forms I-829.  Frustrated with ongoing uncertainty about their future, as well as the repeated need to obtain proof of one’s legal status in the U.S., these conditional green card holders simply want a final resolution on their EB-5 case – for peace of mind, for naturalization purposes, and/or to receive their EB-5 investment funds back.

WR Immigration has been active in assisting investors stuck in administrative limbo.  In one action against USCIS, we were able to obtain approvals and permanent green cards for all 10 immigrant investors and their derivative beneficiaries within 90 days of filing the complaint in federal court.  While past performance is no guarantee of future results, it is notable that the U.S. government did not want to fight the litigation by filing a motion to dismiss.

If you feel your Form I-829 has been pending for unreasonably long, please contact a WR Immigration attorney to discuss your case.

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I-829 Processing Times Have Run Amok

USCIS is reporting online that the estimated processing time for a Form I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status at Immigrant Investor Program Office is now 37 to 248 months.  USCIS is only allowing case inquiries for cases filed before August 6, 2000.  This is preposterous, especially considering that USCIS is required, by regulation, to adjudicate I-829 petitions within 90 days pursuant to 8 C.F.R. § 216.6(c). More and more EB-5 investors are turning to federal courts to challenge the delays in their immigration process, including long-pending Forms I-829.  Frustrated with ongoing uncertainty about their future, as well as the repeated need to obtain proof of one’s legal status in the U.S., these conditional green card holders simply want a final resolution on their EB-5 case – for peace of mind, for naturalization purposes, and/or to receive their EB-5 investment funds back. WR Immigration has been active in assisting investors stuck in administrative limbo.  In one action against USCIS, we were able to obtain approvals and permanent green cards for all 10 immigrant investors and their derivative beneficiaries within 90 days of filing the complaint in federal court.  While past performance is no guarantee of future results, it […]

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Five Things to Know About Long I-829 Processing Times and Abandonment of Green Card Status

By: Joseph Barnett, Robert Blanco, and Afshan Randera With current Form I-829 average processing times extending beyond 3 years, it’s critical for EB-5 conditional green card holders to maintain lawful immigration status. U.S. laws provide immigration officers the right to scrutinize a green card holder’s entry upon their return from overseas to determine one’s immigration status.  Those absent from the United States for extended periods of time risk the unintentional abandonment of green card status, if a U.S. Customs and Border Patrol (“CBP”) officer determines the foreign national no longer has intent to maintain the U.S. as the principal place of residence.  Here are 5 things to know about involuntary abandonment of green card (conditional or permanent) status: 1. No Specific Time Required. We are often asked how long one must remain in the United States after obtaining a conditional green card, but there is no magic number or specific timeframe for defining or calculating abandonment of status – each situation requires an inquiry into the individual’s intentions and actions.  Sometimes green card holders believe that they can make short visits every six months or a year, but regular visits to the U.S. by a green card holder whose real residence is in another […]

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