Throughout the EB5 investment process, investors will receive two Green Cards, the first being the conditional permanent resident Green Card. This is obtained near the beginning of the EB5 process after an investor applies for adjustment of status. The conditional Green Card is valid for two years, in which the investor is tasked with meeting the requirements set by United States Citizenship and Immigration Services (USCIS). Within the final 90 days of this two year period, an investor must file Form I-829 to remove the conditions on their Green Card. However, the I-829 petition can take months or years to fully process. As such, USCIS will extend an applicant’s conditional resident status for 24 months after the I-829 petition is filed. If a petition takes longer than two years to process, an investor can get their status extended in one-year increments.
After an EB5 investor’s I-829 petition is approved, they will receive a permanent resident Green Card, which is valid for 10 years. This status grants the ability to live and work in the United States, as well as a variety of other benefits. After five years as a permanent resident, an individual can apply for U.S. citizenship. However, this is entirely optional, and some permanent residents choose to forgo citizenship.
Permanent residents with a 10-year Green Card should apply for renewal within six months before it’s set to expire. To begin the Green Card renewal process, one must file Form I-90, Application to Replace Permanent Resident Card. The rest of the process depends on whether the applicant will submit their application online or through mail. In most cases, the only required documentation is a copy of the expired or soon-to-expire Green Card. However, if a permanent resident is applying because their card was lost, stolen, or damaged, additional information is necessary.
