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April 4 2018

The Latest on EB-5 I-829 Receipts

I have previously written about the issuance of receipts for I-829 petitions for removal of conditions on permanent residence status.  When a conditional green card expires, the government’s I-829 receipt, along with the expired conditional green card, acts as a one-year extension of the green card.  Dependents (spouses and children) of the applicant recently have been having considerable difficulty obtaining I-829 receipts in order to travel, work, and renew their driver’s licenses.

I recently wrote the USCIS about this.  Here is the reply I received:

"Thank you for your inquiry.  Due to a system conversion, I-797 Receipt notices for beneficiaries of new I-829 filings have been delayed but continue to be issued.  Please allow 90 days from the date of filing to receive the I-829 receipt notice for both the petitioner and associated derivatives.  Furthermore, evidence pertaining to the current immigration status of a petitioner and their associated derivatives can still be obtained through an INFOPASS appointment with their local field office.  Please go to USCIS’ website for more information regarding how to obtain an INFOPASS appointment.  Unless it is an emergent situation, we request that you allow the full 90 days to elapse before seeking an INFOPASS appointment.  The Immigrant Investor Program Office (IPO) is working to issue I-797 Receipt Notices, which provides evidence of the petitioner’s and their derivatives’ current status as quickly as possible.  We appreciate your continued patience."

It is nice to have this information and the reply to my inquiry.  However, the USCIS is closing down INFOPASS services in many of its field offices.  As I have more information, I will let you know.