I-829 Processing Times Have Run Amok

Sep 6, 2020 | 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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Short answer, yes. We just attended the adjustment interview while working with well-known EB-5 lawyer Tammy Fox-Isicoff to obtain an approval. In this case, the foreign national obtained conditional permanent residency through an EB-5 application that ultimately failed. Fortunately, she met a life partner, entered into a good faith marriage with her U.S. citizen husband, and intentionally did not file a Form I-829 so her immigrant status lapsed.  Since the EB-5 program involves a two-step procedure of first getting a two-year conditional green card, the applicant has a lot of pressure to ensure adequate jobs are created when submitting the I-829 application to remove the conditional nature of the green card. This application must be filed during the 90-day window preceding the 24-month anniversary of the card issuance. If the requisite number of jobs have not been created, the I-829 application will ultimately be denied, and the applicant can be placed in removal or deportation proceedings. This deadline to file a Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status causes grave concern for this group of people, and sadly, these facts are becoming more common due to the COVID-19 global pandemic and the contraction of the […]

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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 […]

Read More