What is the timeline to deny an I-829 petition? - EB5Investors.com

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Karen-Lee Pollak

Karen-Lee Pollak

Immigration Attorneys
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

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

John J Downey

John J Downey

Immigration Attorneys
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."

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Raymond Lahoud

Raymond Lahoud

Immigration Attorneys
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.

Charles Foster

Charles Foster

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Ying Lu

Ying Lu

Immigration Attorneys
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.

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.