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Is the filing of I-829 based on the date of I-485 submission or the date when the conditional green card is issued?

I filed my I-485 in August 2018. My EB-5-based I-485 petition was approved in June 2019. USCIS issued a conditional green card with a start date of August 2018 instead of June 2019. The green card my wife received is correctly dated. I thought about correcting the information on my card with an I-90 form. However, according to USCIS, it now takes about 7.5 to 17 months to process that form. Should I file an I-829 form based on the incorrectly dated green card, or should I file an I-90 application and wait for the new green card?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on January 28, 2020

  File the I-90 and wait for the new green card. USCIS should correct its error.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on January 28, 2020

  The card should have been corrected with the correct start date of conditional residency.

• Stephen Berman

  Immigration Attorney

  Answered on January 28, 2020

  It is 90 days before your condition expires, which is normally 90 days before the 2-year anniversary of the approval date.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 28, 2020

  You should get the green card date corrected regardless of how long it takes.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on January 28, 2020

  You should file on the correct date.

• Lynne Feldman

  Immigration Attorney

  Answered on January 28, 2020

  I-829 should be filed in the 90-day window prior to the two-year anniversary of receiving the conditional residence (the Resident Since Date on your green card). I recommend filing the I-90 to correct the date on the PR card and filing the I-829 in the 3-month window before your conditional residency expires, assuming USCIS sent you the correct card.

• Jimena G Cabrera

  Immigration Attorney

  Answered on January 28, 2020

  You become a conditional permanent resident the day your I-485 was approved. You should submit an e-request: typographic error. Correct your green card first and then submit the I-829 petition within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status.