How long does an I-829 approval take?

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The I-829 petition, crucial for removing conditions on EB-5 green cards, currently faces lengthy processing times. Expect roughly three years for approval, according to USCIS. Despite conditional green cards expiring sooner, residency status is automatically extended while the I-829 remains under review, ensuring continuous legal residence for the investor.

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How Long Does an I-829 Approval Take?

The I-829 petition is a crucial step for EB-5 investors seeking to remove the conditional status of their green cards. Unfortunately, processing times for I-829 petitions have been significantly prolonged in recent years.

According to the United States Citizenship and Immigration Services (USCIS), the current processing time for I-829 petitions is approximately three years. This means that investors can expect to wait an average of three years from the date of filing to receive a decision on their petition.

It’s important to note that while conditional green cards expire after two years, residency status is automatically extended while the I-829 petition is under review. This ensures that investors maintain their legal status in the United States during the processing period.

Factors that can affect the processing time of an I-829 petition include:

  • The volume of applications: USCIS receives a large number of I-829 petitions each year, which can contribute to longer processing times.
  • The complexity of the case: Petitions that involve complex issues or require additional documentation may take longer to process.
  • The workload of the USCIS office: Processing times can vary depending on the specific USCIS office handling the petition.

To minimize delays, investors should ensure that their I-829 petition is complete and accurate. They should also proactively address any requests for additional evidence from USCIS. Additionally, investors can consider filing an inquiry with USCIS after the estimated processing time has passed to check on the status of their petition.

It’s important to consult with an experienced immigration attorney throughout the I-829 process. An attorney can provide guidance, assist with the preparation of the petition, and advocate for the investor’s best interests.