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Can I extend my conditional status if the I-829 is delayed?

If the I-829 is delayed, your conditional status remains valid, provided the petition was filed on time. While the request is pending, you remain authorized to live in the United States during the USCIS review.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 22, 2026
1 min read
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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
All about EB-5

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.

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Can I extend my conditional status if the I-829 is delayed?

If the I-829 is delayed, your conditional status remains valid, provided the petition was filed on time. While the request is pending, you remain authorized to live in the United States during the USCIS review.

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