If my I-829 is delayed beyond 2 years, do I become illegal?

The EB-5 process is an investment path that can lead to permanent residence in the United States, but it involves several important steps, such as the removal of conditions imposed on the residence. One of the essential steps is the filing of Form I-829, which aims to prove that the investment has met all the requirements for the removal of those conditions.

Regarding your question, if the I-829 is taking more than two years to be processed, generally this delay does not make you ‘illegal’. Once you become a conditional resident of the United States after the initial approval of your EB-5 visa, it is crucial that you have submitted Form I-829 within the stipulated deadline. Thus, even if USCIS takes longer than expected to finish analyzing your request, your legal status remains valid while the petition is pending and while you continue to meet your obligations as a resident.

However, it is important to stay attentive to the dates and deadlines involved in the process. If there are any significant issues or delays, it is recommended to contact USCIS to inquire about the status of your case and, if necessary, seek guidance from specialized professionals, to ensure that your rights and obligations under the United States immigration laws are preserved.

Furthermore, it is essential to comply with the country’s immigration laws, consult official sources, and avoid falling for scams or promises of instant results coming from marketing campaigns. Transparency and accuracy in information are essential when handling immigration processes, and being well informed is always the best way to navigate these situations without unpleasant surprises.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.