Step by Step for Completing the I-829 Petition

The I-829 petition is for investors, or their dependents, to remove conditions on their 2-year green cards. The form asks many specific questions for investors pertaining to the nature of their investments in the U.S,. and the full-time jobs they helped create via a job creating entity (JCE).

The I-829 is a USCIS form for conditional permanent residents who obtained status through entrepreneurship and want to remove the conditions on their residence. The procedure is similar to those who married a U.S. citizen or legal permanent resident but applied for their (conditional) green card before being married for more than two years. In the same way, investors are issued conditional green cards and toward the end of that 2-year conditional period, need to have the conditions removed so they can either receive a permanent 10-year card or leave the U.S. There is no option for renewing a temporary 2-year card.

Processing Time and Fees

The processing time to have the conditions removed on the 2-year conditional green card for investors is one of the longest in terms of USCIS documents and forms. As of now, the wait times range from 35-55 months. Conditional residents are allowed to remain in the United States legally while their application is pending. However, this does present some difficulties for being able to leave the U.S. on international trips.

In order to check the status of your application, please note that all receipts have a receipt number located in the top left corner. You can check the status of your I-829 online. USCIS will issue receipt notices to the main applicant and all of the dependents. Each dependent will receive his or her own receipt notice.

The fee to have the conditions removed on your conditional green card as an investor is $3750.

Where to File?

Please file your petition by mail for the USCIS Dallas Lockbox:

For U.S. Postal Service (USPS):
USCIS
P.O. Box 650889
Dallas, TX 75265-0889

For FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-829
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

In addition, applicants can attach a G-1145 eNotification document to their mail-in package, which will allow the USCIS to contact you via email/phone for a confirmation of your application.

Required Documents

  • Documents showing full-time job creation such as payroll reports, an IRS Form 941, or Employer's Quarterly Tax Returns.
  • Documents showing citizenship or permanent residence of U.S. employees
  • Form G-28 if attorney is requested throughout the renewal process
  • Documents showing full-time/40 hour workloads
  • Documents showing that the job creation is not seasonal/temporary in nature
  • Photocopy of expired/soon to expire conditional “C2” green card
  • Passport photos 

Filling out the Application

The I-829 is an 11-page application. In Part 1, the applicant should list the regional center they are investing in, the name of the new commercial enterprise (where jobs were created), and whether they are the investor themselves, or a dependent (spouse or child) who is filing an I-829.

In Part 2, the applicant should supply some basic information about themselves such as their A-number, USCIS online account number, U.S. Social Security number (if applicable), their nationality, DOB, and the date they were admitted to the U.S. as a conditional resident.

In addition, the applicant should list their mailing address, and physical U.S. addresses for the last five years. Most likely, if the applicant has lived in more than one place in the past five years, they will need to use Part 12, Additional Information to complete their five-year address history.

In Part 3, the applicant should include some information about their current, or former, conditional resident spouse. This is for applicants who brought their spouse to the United States, during the initial investment period/project. They should list their spouses' name, physical addresses for the last five years (again, applicants will need to use Part 12, Additional Information if necessary), their current mailing address, the date of their marriage, the date of their termination of marriage (if applicable), as well as their current legal status. EWI is short for Entry Without Inspection. 

In Part 4, the investor needs to record all of their children, if applicable. They should write in their names, DOB, USCIS account number, and A-Number (if applicable). They should also list their U.S. or foreign address. Finally, for each child dependent, the applicant will need to answer if the child is applying for removal of conditions on their temporary green card (if they are in the U.S.), if they are living with the parent (investor), and their current legal immigration status.

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