Can the conditional green card be extended if the I-829 is delayed?

In practice, yes. Even though the EB-5 conditional green card has a defined validity period, your status does not end automatically just because the I-829 review takes longer than expected. What protects that continuity is having filed the petition within the required timeframe.

While a timely filed I-829 is pending, immigration rules provide that conditional status remains valid until a final decision is issued. You retain the right to live and work lawfully in the country throughout the USCIS review.

In practice, the USCIS typically issues a notice that extends proof of your status while the petition is being processed, specifically to cover longer waits. Keep that document together with your case notifications.

Because each situation has its own details and procedures can change, monitor your case on the USCIS website and confirm the most current guidance from the official source, consulting a specialist if you need to demonstrate your status.

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.