Yes, in practice your status is preserved. In the EB-5 program, an investor who has received conditional residence files the I-829 petition to remove the conditions and obtain a permanent Green Card. As long as that petition is filed within the correct window, a delay in the final decision does not cause you to lose your status.
While the I-829 is pending and was filed on time, your conditional resident status remains valid throughout the processing period. In other words, even if the review takes a long time, you remain lawfully authorized to live in the United States while the case is being decided. The USCIS typically provides documentation that evidences this continuity.
- The essential point is to have filed the I-829 within the correct window.
- With the petition pending, conditional status remains valid during the review.
- Monitor the case and respond promptly to any request from USCIS.
Since operational details may change, confirm the latest guidance from the official source (USCIS) and, if needed, seek specialized support to keep everything in compliance.
Learn more about EB-5
- Type
- Investment Green Card
- Min. investment
- US$ 800,000
- Jobs created
- Minimum 10 (full-time)
- Processing
- 24-48 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.