Form I-829 is a petition for EB-5 immigrant investors to remove conditions from their permanent resident status and obtain a green card. This is often seen by investors as their final step to getting a green card. Investors must submit this petition within the 90 days before the second anniversary of their conditional permanent resident status. Applicants must have a US address to file this petition.
Sometimes, United States Citizenship and Immigration Services (USCIS) will require EB-5 investors to submit additional evidence before approving their Form I-829. USCIS may also require investors to appear in person for a biometric services appointment, or I-829 interview, at a designated USCIS Application Support Center (ASC). Applicants will be informed in writing if the interview is necessary, and of the date, time, and location of the interview.
At this I-829 biometrics appointment, USCIS may require EB-5 investors to provide photographs, fingerprints, and/or a signature to verify their identity and gather further information. USCIS may also use data gathered at this interview to conduct security and background checks on an applicant, such as checking their criminal history with the Federal Bureau of Investigation (FBI).
Additionally, at this biometrics appointment, EB-5 immigrant investors will be required to sign an oath. The USCIS website states that this oath affirms that
- You provided or authorized all information in the petition;
- You reviewed and understood all of the information contained in, and submitted with, your petition; and
- All of this information was complete, true, and correct at the time of filing.
Failure to attend this biometric services appointment may result in USCIS denying an applicant’s Form I-829 petition for permanent resident status without conditions, leaving an EB-5 investor subject to removal from the United States. USCIS will notify EB-5 applicants in writing of their decision, based on the interview.
