The Ultimate Guide to i-829 after Biometrics: What You Need to Know
After months, or even years, of waiting for your I-526 petition to be approved, you have finally achieved conditional permanent resident status through the EB-5 program. Now, it’s time for the next step on your journey: filing the I-829 petition to remove conditions on your green card.
In this comprehensive guide, we’ll walk you through everything you need to know to prepare for and file your I-829 petition after biometrics. We’ll cover the eligibility requirements, necessary documents, timelines, and common mistakes to avoid.
What is the I-829 petition?
The I-829 petition is a crucial step in the EB-5 process that allows you to remove the conditions on your permanent resident status. After your initial two-year conditional residency period, you must file the I-829 to prove that you have fulfilled your investment requirements and created the necessary jobs.
Eligibility requirements for filing the I-829 petition
To be eligible for filing the I-829 petition, you must meet the following requirements:
- You must have been a conditional permanent resident for at least two years.
- You must have made the required investment in an EB-5 project.
- You must have created the necessary jobs for U.S. workers through that investment.
It’s essential to keep detailed records of your investment and job creation to provide evidence for your I-829 filing.
The documents you need to submit with your I-829 petition
The USCIS requires a significant amount of documentation to support your I-829 petition filing. Here are the essential documents you’ll need to submit:
- Form I-829
- Evidence of your investment, including bank statements, wire transfer receipts, and investment agreements
- Evidence of job creation, including payroll records, tax documents, and organizational charts
- Evidence of your eligibility to remove conditions, such as a marriage certificate or birth certificate
- Supporting documentation, including lease agreements and business licenses
It’s crucial to ensure that your documentation is complete and organized, as any missing information could delay the processing of your petition.
The timeline for filing your I-829 petition after biometrics
After completing your biometrics, you should expect to receive a notice of receipt for your I-829 petition within a few weeks. The USCIS will then begin processing your petition, which can take several months.
It’s critical to file your I-829 petition before your conditional residency expires, as failure to do so could result in the loss of your permanent resident status.
Common mistakes to avoid when filing the I-829 petition
Filing an incomplete or incorrect I-829 petition can lead to significant delays in the processing of your case. Here are some common mistakes to avoid:
- Missing documentation
- Inadequate evidence of job creation
- Not filing within the required time frame
- Not providing sufficient evidence of eligibility to remove conditions
It’s crucial to work with an experienced immigration attorney to ensure that your I-829 petition is filed correctly and on time.
Conclusion
Filing an I-829 petition can be a complex and time-consuming process, but it’s a necessary step in achieving permanent resident status through the EB-5 program. By following the steps outlined in this guide, you’ll be well on your way to submitting a complete and accurate I-829 petition after biometrics. Remember, working with an experienced immigration attorney can help you avoid common mistakes and ensure a smooth and successful filing process.
