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.

Related Posts:

Expediting Immigration Applications Before USCIS

It can be frustrating to file an application or petition before U.S. Citizenship and Immigration Services (USCIS) only to wait through seemingly endless delays. But all may not be lost: USCIS will consider requests to expedite applications and petitions on a case-by-case basis. It’s easiest and best to make an expedite request at the time […]

Could the China EB-5 Visa Waiting Line for FY 2021 (October 2020) Be About 8 Years For a New Case?

By:  Bernard Wolfsdorf A silver lining exists for some immigrants due to the COVID-19 global pandemic. With most U.S. consulates closed or limited to emergency visa processing, there will be many more employment based (EB) immigrant visas available in Fiscal Year (FY) 2021 which starts on October 1, 2020. The Immigration and Nationality Act provides […]