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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

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    Fredrick W Voigtmann

    Immigration Attorney
    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.

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    Lynne Feldman

    Immigration Attorney
    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.

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    Barbara Suri

    Immigration Attorney
    Answered on

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

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

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

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    Daniel A Zeft

    Immigration Attorney
    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.

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    Dale Schwartz

    Immigration Attorney
    Answered on

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

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    Jinhee Wilde

    Immigration Attorney
    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.

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    BoBi Ahn

    Immigration Attorney
    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.

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    A Olusanjo Omoniyi

    Immigration Attorney
    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.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, adjudication is on FIFO basis.

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    Charles Foster

    Immigration Attorney
    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.

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