How will submitting I-829 earlier benefit my EB-5 application? - EB5Investors.com

How will submitting I-829 earlier benefit my EB-5 application?

I understand that as a conditional green card holder, one needs to submit I-829 to USCIS within the 90 days preceding the two-year anniversary of the conditional residency. I have a direct EB-5 project and the business is running well. It has been only 15 months of my conditional residency and the required 10 jobs have been created. I do not see any problem maintaining these 10 jobs for another two years. My question is, if I already have everything that is needed for I-829, will submitting I-829 at the first day of the 90-day period accelerate the process of removing the condition on my green card? Is the I-829 adjudication on a “first-come, first-serve” basis?

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

There is no guarantee that submitting your I-829 at the beginning of the filing window as opposed to the end of the filing window will result in a faster adjudication.

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

If your business has created the required 10 or more jobs, then you should file the I-829 petition at the beginning of the 90-day period. This will only be helpful to your case. The current processing time for an I-829 petition by USCIS is approximately two years.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Filing on the first day will not make that much difference. The applications are taking at least two to three years.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

The first day of the 90-day period is acceptable. They are usually adjudicated on a first-come, first-served basis.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

We always recommend filing in the beginning of the I-829 period to make sure you get the PR extension. It will be adjudicated on a first-come, first-served basis in any case.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Submission at the first day of the 90-day period is fine. It will help, if not significantly, to give you a three-month head start considering the fact that I-829 is on first-come, first-served basis.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Filing as early as possible can only be good. There are no negatives that I have seen. For direct filing as far as we have been advised, it is first come, first served.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Obviously, if you submit your I-829 petition for the purpose of removing conditions on the very first day legally permissible, then logically your petition will be adjudicated sooner than if you filed your petition at a later date. Yes, generally speaking, the adjudication of the I-829 petitions is on a "first-come, first-served" basis.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

You may not submit the application any earlier than 90 days before the conditional residency expires. However, your lawyer should be able to prepare most of the filing ahead of time to submit on the first date you are qualified to submit the application. While USCIS always says that it does all the cases on the FIFO basis, it is not usually the case. However, technically, the sooner you submit, the sooner you should get approved as long as all the elements for you to prove on I-829 are clearly organized and presented.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Generally, they do them on a first-come, first-served basis.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.