Instructions For Form I-829 - Petition By Entrepreneur To Remove Conditions On Permanent Resident Status

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Instructions for Petition by Entrepreneur to
Remove Conditions on Permanent Resident Status
USCIS
Form I-829
Department of Homeland Security
OMB No. 1615-0045
U.S. Citizenship and Immigration Services
Expires 04/30/2019
What Is the Purpose of Form I-829?
Form I-829 is for immigrant entrepreneurs to petition to remove the conditions on their, and certain dependents’,
permanent resident status which they obtained based on investment in a new commercial enterprise. The petitioner must
submit this petition within the 90-day period immediately preceding the second anniversary of obtaining conditional
permanent resident status.
What Happens When I File or Fail to File Form I-829?
Effect of Filing
If U.S. Citizenship and Immigration Services (USCIS) accepts your petition before your conditional permanent resident
status is terminated, your conditional permanent resident status will automatically be extended for one year. You will
receive a filing receipt that you should carry with your Permanent Resident Card. If you travel outside the United States
while this petition is pending, you will have to show, when you board a plane, ship, or other carrier to come back to the
United States, that you are eligible to return. You should present both your Permanent Resident Card and the filing receipt
for this petition when you return, as well as in all other situations in which you are required to provide evidence of your
conditional permanent resident status.
Effect of Not Filing
If you fail to file this petition within the 90-day period immediately preceding the second anniversary of obtaining your
conditional permanent resident status, USCIS will terminate your conditional permanent resident status and you will
become removable from the United States. However, if your failure to file within that 90-day period was for good cause
and due to extenuating circumstances, you may file your petition late with a written explanation and request that USCIS,
in its discretion, excuse your late filing.
Who May File Form I-829?
You may use this form to request the removal of conditions on your permanent resident status if you were granted
conditional permanent resident status as an entrepreneur. You may include your conditional permanent resident spouse
or former spouse and children in your petition. If your spouse and children are not included on this Form I-829 petition,
each dependent must file his or her own petition separately. Your spouse and children cannot be included together on a
Form I-829 petition if they are not filing with you, the principal entrepreneur, unless the principal entrepreneur has died.
If you are the conditional permanent resident child of an entrepreneur and you have reached 21 years of age or married
during the period of conditional permanent residency, or if you are the former conditional permanent resident spouse of an
entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, you may still
be included in the entrepreneur’s petition or you may choose to file a separate petition.
NOTE: If you are filing a separate petition from the entrepreneur, you should attach a copy of the entrepreneur’s Form
I-797, Notice of Action, relating to his or her I-829 petition.
Form I-829 Instructions 04/21/17 N
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