Client Payment Portal

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.

Related Posts:

DHS to Withdraw Trump Opposition to International Entrepreneur Parole Rule

There have been reports that U.S. Department of Homeland Security (“DHS”) will soon be withdrawing the Trump Administration’s plan to remove the International Entrepreneur Parole Program. This would be part of President Biden’s and DHS’ Secretary Alejandro Mayorkas’ “America First” policy of growing the U.S. economy The International Entrepreneurial Parole provides eligibility to certain entrepreneurs to enter the United States under DHS’ parole authority, if they: Possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation. Have a central and active role in the start-up entity such that they are well-positioned to substantially assist with the growth and success of the business. Will provide a significant public benefit to the United States based on their role as an entrepreneur of the start-up entity The spouse of a foreign entrepreneur granted parole may also be eligible for parole and can apply for work authorization once present in the United States.  Additionally, President Biden’s immigration plan includes the creation of a new visa category to allow cities and counties to petition for immigrants to support their growth.  It states: The disparity in economic […]

Read More

Visa Denials Based on Communist Party Membership

By:  Joseph Barnett Reports from China indicate that the U.S. Consulate General in Guangzhou has recently increased immigrant visa denials based on INA Section 212(a)(3)(D) related to membership in the Chinese Communist Party (CCP), despite the fact that such membership is required and involuntary for most to advance in university, business, or employment. These immigrant visa denials have been issued after applicants have been placed in administrative processing under INA Section 221(g) after completing an information sheet related to their employment and education history.  It is critical that visa applicants speak with experienced immigration attorneys prior to submitting a response to the Consulate, as this may be the only time to put forward an argument to the consular officer as to why this ground of inadmissibility does not apply.  For example, the U.S. Department of State Foreign Affairs Manual provides relief for members whose membership was “non-meaningful,” as found by the U.S. Supreme Court in Rowoldt v. Pefetto, 355 U.S. 115 (1957) and Gastelum-Quinones v. Kennedy, 374 U.S. 469 (1963). Wolfsdorf Rosenthal LLP attorneys have had numerous successes preparing legal briefs to rebut claims of inadmissibility under INA Section 212(a)(3)(D).  Our firm has also obtained waivers for immigrant visa applications by filing […]

Read More