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:

E Visa Update – December 2022 – New Domicile Requirements

For an in-depth look at this topic and other E-2 Visa strategies, register for WR Immigration’s Jan. 19, 2023, webinar. By Joey Barnett, Partner, WR Immigration On December 15, 2022, Congress substantially changed E Visa eligibility, in particular for those who have used Citizenship by Investment program of countries to acquire citizenship in a treaty visa country. It appears President Joe Biden will pass this provision into law by end of year as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. Now, an E visa applicant must be domiciled in that country of citizenship for “a continuous period of not less than 3 years at any point before applying for an E nonimmigrant visa.” 8 U.S.C. 1101(a)(15)(E), which defines the E visa class, now states (with emphasis on the new provision): An alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, […]

Read More

5 Critical EB-5 Investor Concurrent Filing Adjustment of Status Issues

By Joey Barnett If you have questions regarding the following information, WR Immigration will be hosting a webinar on the 5 Critical EB-5 Investor Concurrent Filing Adjustment of Status Issues. For more insight on this topic, register for the webinar here! EB-5 green card investor rules permit certain nonimmigrants who entered with visas to file concurrent Adjustment of Status (AOS) to lawful permanent residence without having to wait until the investor petition is approved. Investors have quickly learned of this monumental change and more than half of all cases filed since the new Reform and Integrity Act (RIA) have filed concurrently. The main advantage is that after a few months, USCIS will issue 5-year combination cards with both unlimited work and travel authorization. An EB-5 investment of $800,000 into a regional center project is an excellent way to open the door to the American Dream for investors and their families. Concurrent filing explained: Certain EB-5 investors in the U.S. who entered lawfully on valid non-immigrant visas may now file both the EB-5 petition (Form I-526E) and the Adjustment Application (Form I-485) together, but ONLY, if a visa is available under Chart A (Final Action Date) or chart B (Date for […]

Read More