Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status

What is I-829?

Who needs to file I-829?

When to file I-829

Documents you need

• Copy of the front and back of your Permanent Resident Card (Green Card), plus copies of the cards of your spouse or former spouse and each child applying with you.
• Evidence that the investor invested, or was actively investing, the required capital, such as audited financial statements, bank statements or investment agreements; label each item.
• Evidence that the investment was sustained in the NCE during conditional residence, such as invoices, receipts, bank statements, contracts, business licenses, tax returns or audited financial statements.
• Evidence that the investment created, or can be expected to create within a reasonable time, 10 full-time jobs for qualifying employees, such as payroll records, tax documents or Form I-9 copies.
• For a troubled business: evidence that the NCE kept employee numbers at no less than the pre-investment level during conditional residence.
• If indirect job creation is claimed: evidence supporting the inputs of the methodology, such as payroll records, invoices, purchase agreements or bank statements, with the methodology explained in Part 12.
• If filing as a former spouse, or as a spouse or child of a deceased investor: the investor's or spouse's Permanent Resident Card, the divorce decree or death certificate if applicable, and the investor evidence above.
• If filing separately from the investor: a copy of the investor's Form I-797, Notice of Action, for the investor's I-829 petition.
• If you answered Yes to Item 17 on criminal history: certified court dispositions, arrest reports, statements of charges, indictment information or other charging documents issued.
• If arrested or detained and no charges were filed: an original official statement from the arresting agency or a court order confirming that no charges were filed.
• If charges were filed, or filed without an arrest: an original or court-certified complete incident record showing the disposition of each incident.
• If convicted or placed in an alternative sentencing or rehabilitative program: the sentencing record and evidence the sentence or program was completed.
• If an arrest or conviction was vacated, sealed, expunged or removed: the original or court-certified court order and an original court statement that no record exists.
• Full English translation of any foreign-language document, with the translator's signed certification, printed name, date and contact information.
• Form G-28, only if an attorney or accredited representative represents you; select the box at the top of the form.

How to fill out I-829

1. 1

   Select the basis for the petition

   In Part 1, answer Item 1 on whether the investment is associated with a regional center and, if Yes, give the regional center name and ID in Items 2.a.-2.b. Enter the full legal name and ID of the NCE in Items 3.a.-3.b., then select only one box in Items 4-6.

2. 2

   Enter your personal information

   In Part 2, Items 1-11, give your legal name, A-Number (or N/A), USCIS Online Account Number, Social Security number (or N/A), date of birth as mm/dd/yyyy, sex, country of birth and citizenship, and admission date as shown under Resident Since on your Form I-551. Add the receipt number of the approved Form I-526 in Item 10, and any other I-526 or I-829 receipt numbers in Item 11.

3. 3

   List other names and addresses

   Enter every other name you have used in Items 12-13. Give your U.S. mailing address in Items 14.a.-14.f., with no P.O. Box, then answer Item 15 and, if No, give your physical address in Items 16.a.-16.h.

4. 4

   Answer the criminal history questions

   Answer Items 17 and 18 for the time since you became a conditional permanent resident. For Yes answers, attach the court records for Item 17, and give the date, location and explanation in Part 12 for Item 18.

5. 5

   Provide spouse information in Part 3

   Give your current or former conditional permanent resident spouse's name, sex, A-Number, birth date, other names, physical address, marriage dates and immigration status in Items 1-15. If you file separately, provide this information about the investor spouse instead.

6. 6

   Provide information about your children

   In Part 4, list ALL your children, including biological, step and adopted children of any age, using the blocks for Child 1 to Child 4. For each, give the name, birth date, mailing address, whether the child lives with you and is applying with you, and current status; use Part 12 for more than four.

7. 7

   Complete the biographic information

   In Part 5, select ethnicity (one box) and race (all that apply), then enter height in feet and inches, weight in pounds (000 if unknown or out of range), eye color and hair color.

8. 8

   Describe the NCE and investment

   In Part 6, give the regional center receipt number (if applicable), the NCE address, phone, NAICS codes, IRS tax ID, dates, and the amounts of the initial and subsequent investments. Then report sustained capital in Item 12 and answer Items 13-16, explaining any Yes in Part 12.

9. 9

   Identify the job creating entities

   In Part 7, give the name and physical address of each JCE, up to three, using Part 12 for more. Answer Item 7 on bankruptcy, changes or proceedings involving the JCEs.

10. 10

    Report job creation figures

    In Part 8, enter direct employees at initial investment and at filing, the difference, and indirect job figures if applicable. Answer the troubled business question, enter expected jobs in Item 5 if ten are not yet created, and answer Item 6 on business plan changes.

11. 11

    Sign and add interpreter and preparer details

    In Part 9, enter your contact details and sign and date; a stamped or typewritten name is not accepted. If someone interpreted for you, complete Part 10; if someone else prepared the petition, complete Part 11.

12. 12

    Use Part 12 for extra information

    Write your name and A-Number, then enter the page, part and item number for each added answer. Sign and date each extra sheet.

13. 13

    Review and download the completed PDF

    Check every part, make sure no required field is blank and use N/A or None where the instructions say. Download or print the completed PDF from FillingPDF, sign it in ink and assemble the evidence.

How to submit I-829

Common mistakes to avoid

• Filing before the first day of the 90-day window before your second anniversary as a conditional resident; USCIS may reject an early petition.
• Submitting the petition unsigned, or with a stamped or typewritten name instead of a handwritten signature; USCIS rejects it.
• Leaving the full legal name of the NCE blank in Item 3.a. of Part 1; the instructions call it a required field.
• Giving a P.O. Box or your attorney's or representative's address as your U.S. mailing address in Part 2, Items 14.a.-14.f.
• Omitting a field USCIS says will cause rejection: Part 1, family name, A-Number, date of birth, date of admission or mailing address, and birth dates of applying dependents.
• Answering Yes to Item 17 or 18 without attaching court records or giving the date, location and an explanation in Part 12.
• Including a spouse and children together on your petition when they are not filing with the principal investor, unless the investor has died.
• Mailing a printout with pages from different form editions, or without the edition date and page numbers visible at the bottom.
• Sending original documents when the instructions do not require them; USCIS may destroy originals it did not request.
• Sending the completed petition to the Camp Springs, MD address in the Paperwork Reduction Act notice instead of the Lockbox.