Many investors believe their EB-5 application approval means they’re now permanent U.S. residents. This isn’t entirely true. When your I-526 petition is approved, you receive conditional permanent residency.
One out of 10 conditional green card holders fails to remove the conditions on their green card. So, if your goal in the EB-5 program is permanent U.S. residency, you MUST understand this concept.
Keep reading and learn what conditional green cards are, how to remove conditions for permanent residency, and common mistakes leading to I-829 petition denials. That way, you can avoid pitfalls and increase your chances of securing your permanent residency.
What is a Conditional Green Card?
A conditional green card is a temporary residence permit given to EB-5 investors and their families when they enter the United States through the EB-5 program. This card lasts two years and shows you’re on the path to becoming a permanent resident. You might ask, “Why must we wait two more years after getting our EB5 application approved?”
The primary purpose of these two years is to give the USCIS time to ensure you’re fulfilling your end of the EB-5 deal. They want to see that you’re keeping your investment active. And you’re creating jobs as promised.
A conditional green card might sound less secure than a permanent one. But you will still get the same benefits (more on this later). The only difference is you need to take action before those two years are up to keep your status.
To get a conditional green card through EB-5, you need to:
- Invest at least $1,050,000 or $800,000 (for TEA projects) in a U.S. business
- Create at least ten full-time jobs for American workers.
- Preserve those jobs for at least two years.
If you meet these requirements and your petition is approved, you’ll get your conditional green card and start your two-year clock.
How do you remove conditions on green card status?
Form I-829 is the petition to remove the conditions on your green card. You must file this form within 90 days before your 2-year conditional green card expires. Here are the steps on how to do so:
Step 1 – Filing the Petition
Gather all your documents before you start. Prepare proof that you’ve kept your investment and evidence that you created the required jobs. This includes you:
- Financial statements
- Tax returns
- Investment reports
- And employee records
Then, fill out Form I-829 carefully. Double-check every detail before you pay the filing fee and send your petition to USCIS. After USCIS receives your petition, they’ll send you a receipt notice. This notice will extend your conditional residence for up to 24 months while they process your case.
Pro Tip: Include your family members who got conditional status through you and keep copies of all documents for your records.
Step 2 – Biometrics Appointment
USCIS will schedule a biometrics appointment. You’ll get a notice with the date, time, and location. At the appointment, they’ll take you:
- Fingerprints
- Photo
- And signature.
This process helps confirm your identity and run background checks. The appointment is usually quick. Typically, it only lasts about 30 minutes.
Note: If you can’t make the scheduled date, contact USCIS immediately to reschedule. Missing this appointment can delay your case or even lead to a denial.
Step 3 – Potential Interview
After the biometrics appointment, USCIS might ask you to come in for an interview. Only some people get called but be prepared just in case. You’ll get a notice if you’re invited.
During the interview, an officer will ask about your investment and petition. They might want more details about your business or the jobs you’ve created. Answer them truthfully and directly. Bring copies of your petition and supporting documents. The interview is your chance to show you’ve met all EB-5 requirements.
Pro Tip: You can bring your immigration lawyer if you want.
Rights and Limitations During Conditional Permanent Residence
As a conditional permanent resident, you’ll still enjoy the same benefits as permanent residents. Your status is temporary. But your rights are fundamental and significant. Let’s go through each of them:
Work and Travel Privileges
Your conditional green card allows you to:
- Take on any job you want
- Start your own business
- Or even choose not to work.
There’s no need for a separate work permit. And if you want to travel? You can leave and re-enter the U.S. freely with your conditional green card. You typically won’t need additional paperwork for shorter trips (under a year).
Note: Remember that long absences might raise questions about your residence when it’s time to remove conditions.
Access to Social Services and Benefits
You can get health insurance through the marketplace or your employer. Public schools are open to your children. In many states, you might qualify for in-state tuition at public universities. You can also apply for a Social Security number and build a credit history.
However, some federal benefits have waiting periods for new immigrants. These could include certain types of federal financial aid or means-tested public benefits.
Pro Tip: Always check specific program requirements to understand what you can do as a conditional permanent resident.
Restrictions on Lengthy Trips Outside the US
Be careful with long trips abroad. Staying outside the US for more than six months might raise questions about your residence. So, if you need to be away for a long time, apply for a re-entry permit before you leave. This permit lets you stay abroad for up to 2 years without losing your status. Lengthy absences will also affect your eligibility for naturalization later. Plan your travels wisely to protect your immigration status and investment.
Note: You still need to maintain your EB-5 investment during your trip.
Family Members’ Status and Considerations
Your spouse and unmarried children under 21 can join you with their conditional green cards. They’ll get the same rights and face the same limitations as you. Your family can work, study, and travel just like you. Their status is tied to yours, so you’ll include them when you file to remove conditions.
Special rules apply if your marriage ends or your child turns 21 during the conditional period. They could file their petitions to remove conditions.
Common Pitfalls in Transitioning to Full US Permanent Residence Status
You need a conditional green card to guarantee you’ll get permanent residence. Many conditional green card holders need to correct mistakes that lead to denial of their permanent resident petition.
Here are the most common pitfalls to avoid to increase your chances of approval.
Common Mistake 1 – Failing to File I-829 on Time
You must file within 90 days before your conditional green card expires. Mark this date on your calendar when you get your conditional card. You can also set multiple reminders. Start preparing your documents early. Late filing can result in loss of your legal status. So don’t risk everything because of a missed deadline.
Pro Tip: If cutting it close, consider hiring an immigration attorney to help you file on time.
Common Mistake 2 – Insufficient Documentation
Weak documentation is a recipe for denial. You need solid proof of your sustained investment and job creation. Compile detailed financial records showing your investment remains active. Collect payroll records, tax documents, and I-9 forms to prove you created the required jobs.
If your business changed, explain why and how it meets EB-5 requirements. You can never have ‘too much’ documentation when filing your permanent residence petition.
Common Mistake 3 – Misunderstanding the “At Risk” Requirement
This is a common issue among immigrant investors. When you invest in an EB5 project, your investment must remain at risk throughout the conditional period. This doesn’t mean it must be risky. It means you can’t be guaranteed returns or have the right to get your money back.
Avoid any agreements that promise to return a fixed value. Don’t try to secure your investment with assets. Keep your funds actively deployed in the business.
Common Mistake 4 – Ignoring Requests for Evidence (RFEs)
Don’t panic if you receive an RFE. It’s not a denial. USCIS is asking for more information to make a decision. Here’s what you should do:
- Read the RFE carefully.
- Understand exactly what they’re asking for.
- Respond thoroughly and on time (provide all requested documents).
If you need help getting a specific document, explain why and offer alternatives. An incomplete or late response can lead to denial. So, take these RFEs seriously. They’re your chance to strengthen your case.
Your Conditional Permanent Residence Starts with Investing in an EB5-Qualified Project
Getting a conditional green card means you’re just one step away from becoming a US permanent resident. But this process starts long before you receive your conditional green card. The first crucial step is investing in a qualified EB-5 project that meets all USCIS requirements.
At Austin EB5, we connect investors like you with EB-5-compliant projects with strong potential for success.
Our team of experts can guide you through the project selection process. Schedule a call with us to learn more about your opportunities.
Conditional Permanent Residence FAQs
Do I need to attend an interview when applying for removal of conditions?
In most cases, you may need to attend an interview with USCIS as part of the process to remove the conditions on your permanent resident status. During this interview, you may be asked to provide additional evidence that supports your application.
What if I experience extreme hardship during the removal process?
If you face extreme hardship due to the removal process, you can explain your situation in your application. Depending on your circumstances, this may impact the outcome of your petition, and it could allow for different considerations under immigration law.
