Once an EB-5 investor obtains their I-526 petition approval and subsequently their U.S. conditional green card they are considered a U.S. person. Their green card allows them access to unlock educational, job related and all other benefits associated with being a U.S. citizen. They however will not be able to vote or work for the Federal Bureau of Investigation until they receive naturalization. The conditions on the investors green card are meant to ensure that the new green card holder adheres to all the U.S. rules and regulations and the EB-5 program rules. After two years the investor can apply for removal of the conditions or their I-829 petition.
90 days prior to the investors two year anniversary of being a conditional green card holder their attorney must submit an application to the United States Citizenship and Immigration Services (“USCIS”) for the removal of the conditions. The attorney must present evidence that the investor retained their investment in the commercial enterprise mentioned in their I-526 petition throughout the 2 years of conditional permanent residence. Additionally, the attorney must prove that the investors investment was in a real, qualified project.
Filing for the removal of conditions or I-829 petition can be seen as a reassurance to the U.S. government that the investor has kept in line with all the information provided in their I-526 petition. It serves as an additional check and balances, giving another look at the project documents as well as the investors personal documents.
The application for removal of condition then becomes the last step that the investor will need to complete before starting the process of naturalization. An EB-5 specialist along with the allocated immigration attorney must be able to guide the investor and ensure that submission of the I-829 petition is filed before the expiration date of the conditional green card.
This further proves the need to work with experienced professionals to ensure that no deadlines are missed that could hinder the investors application. The EB-5 specialist and the immigration attorney acts as guides for the investor through this process and it is through their guidance that the investor will obtain a successful application.
From our offices in Dubai, we assist the client by ensuring their Embassy interview date in Abu Dhabi, we prepare the client and let them know the questions that will be asked from time to time and upon request we can join the client on the interview date. Each consulate or embassy within the Middle East has some nuanced and specific differences, whichever post your appointment interview lands, we shall be able to best navigate you through the process.
We are a team of U.S. licensed lawyers who specialize in the EB-5 immigrant investor program. We have over 10 years experience assisting families out of the GCC region obtain their U.S. green cards and residency. Our offices are based in Downtown Dubai. Contact us today for your free consultation.