Is the filing of I-829 based on the date of I-485 submission or the date when the conditional green card is issued? - EB5Investors.com

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

Jimena G Cabrera

Jimena G Cabrera

Immigration Attorneys
Answered on

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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

You should file on the correct date.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

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

Mark AM Catam, Esq

Mark AM Catam, Esq

Immigration Attorneys
Answered on

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

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

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

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