Filing Form I-829 to Remove Conditions on EB-5 Status
If USCIS, during 2-year period, determines that it was not a qualifying investment because:
Enterprise established solely to evade immigration laws;
No commercial enterprise was established;
Investor did not invest or was not in process of actively investing;
The funds for investment were obtained other than through legal means;
Investor was not sustaining investment as commercial enterprise; or
Investor was not otherwise conforming to investor status.
If petition not filed within the 90-day period, unless good cause and extenuating circumstances shown.
If alien does not appear for interview, unless there is good cause shown.
If USCIS, after interview, determines that the facts in the petition are untrue.
The District Director is empowered to hold I-829 denial and give CR opportunity to file a new I-526.
Children/Spouse—If the principal investor is terminated, spouse and children are terminated if they obtained visa on conditional basis.