I-829 Receipts Update

The Form I-829 is the petition investors must file for removal of conditions on their permanent resident status.  For approval, one must prove:

• The investment was maintained at risk; and
• The 10 jobs were created.

After the I-829 is filed, USCIS issues a receipt (Form I-797).  This receipt extends one’s conditional resident status for 18 months (formerly 12 months) allowing travel, work and driver’s license extensions.

When the 18 months are up, USCIS may issue a new receipt that again extends one’s conditional permanent resident status.  USCIS does not consistently issue these receipt extensions.  Another way a conditional resident can obtain proof of status is to get a stamp in the passport, called the Alien Documentation Identification and Telecommunication (ADIT) or I-551 stamp, through an InfoPass appointment at a local USCIS field office.  Generally, making an InfoPass appointment for a passport stamp has become a bit complex, as most USCIS local offices are no longer accepting walk-in requests or scheduling InfoPass appointments online (https://my.uscis.gov/en/appointment/v2). To get an I-829 passport stamp, one must:

• Call USCIS within 30 days of the last receipt notice expiration
• Schedule an InfoPass appointment
• Go to the local USCIS office and request the stamp in the passport

Calling USCIS often takes a bit of time and patience.  The agency’s customer service phone number is: 1 (800) 375-5283.  Hopefully in the future, the extension receipts will come faster and more regularly than at this time.

Immigration Operations During the Partial Government Shutdown

The USCIS is largely fee funded and does not rely on the federal budget for operations.  H-1B and other visa operations continue.  Direct EB-5 cases are not impacted.

For the past few years, the statute that authorizes the EB-5 Regional Center Program has been extended with the budget (with three other immigration laws).  Thus, the program is temporarily suspended and will recommence when the shutdown is over.  USCIS says that they will still accept regional center affiliated I-526 and I-485 cases at this time, but that review of these applications will be put on hold until the extension of the federal budget.  Additionally, I-829 petitions continue to be decided.  EB-5 Regional

American Consuls are still interviewing people for temporary visas and green card applications.