+1-800-997-1228
Questions & Answers

What is the timeline to deny an I-829 petition?

Six months ago I applied to deny my current EB-5 conditional green card by filing the I-829 within 90 days of my two year anniversary date. I have not heard anything about the rejection of my current green card. I also got married last year and my wife is a U.S. citizen, and now I would like to apply for a family-based green card once my I-829 petition is denied. What is the timeline to deny the I-829 petition and how soon can I apply for a marriage-based green card? What if I do not hear anything from USCIS a year after filing the I-829?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I-829 processing times are now about 22 months, so you will not hear anything about the filing for quite some time. In the meantime, you are still a conditional permanent resident. If you want to file another immigrant petition (as the spouse of a U.S. citizen), you can, but that will only get you another conditional green card. Patience may be the best option here.

  • Avatar

    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    It could take up to 16 months for a decision or to obtain a request for evidence. You could always withdraw your I-829 and then file a marriage-based application

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You may apply at any time for U.S. lawful permanent residence based on marriage to a U.S. citizen. There is a section of the immigration law, however, which does not allow conditional lawful permanent residents to adjust status in the United States. You would have to make sure your previous conditional permanent resident status was terminated before you can complete your adjustment of status, although you certainly could apply for adjustment of status before terminating your current status. You should consult with an immigration attorney first, but the proper procedure is to send the USCIS-IPO an original letter signed by you asking to withdraw your pending I-829 petition. Once you have received written confirmation that it has been terminated, you can complete your adjustment of status based on marriage to a U.S. citizen. Again, consult with an immigration attorney before taking any action because the timing of these events is crucial.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    I would send a notice that you wish withdraw your application for permanent residency. I would then apply under your wife's petition. Should the question come up during your family-based petition, simply show them your request to "withdraw."

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    The I-829 petition is not used to request a denial of the removal of conditions on your green card. Instead, you should file a request to withdraw your pending I-829 petition with USCIS. I-829 processing times currently average 22 months. Please note, if the I-829 petition is approved, you will have a permanent green card. If your marriage to a U.S. citizen is less than two years old, you will receive a conditional green card similar to the EB-5 two year green card and then will have to remove conditions. Receiving a permanent green card based on the EB-5 visa may be a better option for you. However, if you are certain that your I-829 is not approvable as filed with USCIS, then the marriage-based green card process may be a better option for you. Please consult an immigration attorney to review your options.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    Realistically, there is no timeline on a response. USCIS issues it after reviewing the case. If it is not denied, then you would not have to do a family-based adjustment of status. Nonetheless, it is important that you retain a competent immigration attorney.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    It is hard to predict how long it would take to get a decision on your I-829 petition to remove conditional status. However, since you are married to a U.S. citizen, your U.S. citizen wife has the option of filing a petition on your behalf should that occur. But there is no reason for you to do so unless your I-829 petition is denied. I would wait until such time, since if the decision is favorable, you would not have to go to the time and expense of re-petitioning for your lawful permanent residency based upon your marriage to a U.S. citizen. If not, you could still do so subsequent to the denial of your I-829 petition.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The I-829 is averaging 22 months, but denial could be longer. If you are sure it will be denied, you can wait and maybe adjust in removal/deportation proceedings. There is another way to do it by filing the marriage petition and then surrendering your current green card. Needs to have an immigration lawyer specialist handle, but it is doable.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    The I-829 petition is used to remove conditions on your EB-5 conditional green card, which will allow you to be a U.S. permanent resident. This I-829 petition does not have a function to "deny" your current conditional residency. You should file a withdrawal request instead if you want to terminate your EB-5 application.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    USCIS is running very slow on the approval of I-829s. You can check online as to its status and I would recommend you connect with your attorney for an update.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.