We applied for our I-485 through the CSC in Jan. 2015 (with a current priority date and we are not Chinese). We have not received an approval - the CSC is still processing I-485s from May 2014. How will this delay in I-485 processing impact the approval of my I-829? Will it cause any problems?
You need to have two years of conditional permanent residency before filing the I-829. Your clock has not even started yet. The EB-5 regional center project (or you, if this is a direct project) should be maintaining records of the use of your investment funds and job creation.
Your conditional permanent residency will not start until the I-485 is approved. Upon the approval of the I-485, the two year clock of your conditional permanent residency starts.
You I-829 will be delayed one day for every one day your I-485 takes to be approved, as you cannot file the I-829 until the 90 period before the end of the two years after approval of your I-485!
The delay in processing your I-485 means that your two years of conditional residence has not yet begun. The two years will begin when your I-485 is approved; that is when you become a conditional lawful permanent resident. The delay should not have any impact on whether your I-829 is approved unless you are not able to sustain your investment and show job creation at the time the I-829 is adjudicated.
The I-829 is to remove the conditions on your conditional green card status. The delay in a I-485 should have no impact on the removal of conditions.
Once your I-485 is approved, you will receive your conditional permanent residence, which will expire two years from the date of the approval. The I-829 is filed to remove the condition on your permanent residence and must be filed within the 90 day period before your CPR status expires. So, the longer it takes for your I-485 to be approved, the longer you will have to wait to file the I-829 and for it to be approved.
The I-485 processing timeline and I-829 are two completely separate events. Once the I-485 is approved however, the clock starts ticking for the two year conditional permanent residence. And as early as within 90 days of expiration of the two year conditional permanent residence, you must file the I-829 to remove the condition.
You should have your lawyer follow up. My understanding is CSC is not doing the I-829s. Maybe it got lost in the transfer to Washington.
Until your Application for Adjustment of Status on Form I-485 is approved, you do not become a Lawful Permanent Resident on a conditional basis. Thus, the requirement to file a Petition to Remove Conditions on Form I-829 time-wise is controlled by the date you become a conditional Lawful Permanent Resident and you are required to file the I-829 petition within 18-24 months. The delay in processing your I-485 Application for Adjustment of Status does not cause any problem per se with filing the I-829 petition, but it certainly will delay the approval of same.
