March 23, 2023

Volume XIII, Number 82

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USCIS Starts Issuing 48-Month I-829 Petition Receipt Notices

On Jan. 23, 2023, USCIS announced it will issue new Form I-797 receipt notices to newly filed I-829 petitions and eligible conditional permanent residents (CPRs) whose Form I-829 was still pending as of Jan. 11, 2023. The new receipt notices would extend the status of a conditional permanent resident investor and his or her dependents for an additional 48 months following the expiration of the two-year green card. Previously, USCIS issued receipt notices that only extended the conditional permanent resident status for 24 months beyond the expiration of the two-year green card.

USCIS should issue the new receipt notices for both EB-5 investors and their dependents. Each I-829 receipt notice will be issued and mailed separately, so investors and their dependents may not receive new receipt notices at the same time. It is also possible that not all new 48-month receipts will be issued for petitions filed before Jan. 11, 2023. In cases where no new receipt notices are received, follow-ups with USCIS may be required for either the principal applicant or dependents. These investors and dependents should seek I-551 passport stamps as needed for proof of status and travel if the applicants have urgent travel plans. Moreover, should an investor require urgent proof of status for work or other purposes also should seek I-551 passport stamps from USCIS.

The issuance of new I-829 receipt notices has no adverse impact on the pending petitions. This change is to accommodate the long processing times for I-829, currently at 61 months. With the extension, CPRs will be afforded an additional 24 months to use their original receipt notices for proof of status for work, school, or overseas travel. Moreover, investor and dependent family members can continue to obtain an I-551 stamp at the end of the 48-month receipt notice extension period instead of the 24-month period.

©2023 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XIII, Number 34
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About this Author

Luna Ma immigration lawyer Greenberg Traurig
Associate

Luna Ma focuses her practice on immigration matters, including business immigration and family-based immigration. She is experienced with I-526s and RFEs for permanent residency. She advises individual and corporate clients who seek temporary or permanent residency through immigrant and non-immigrant visas.

Luna also has experience working with consular processing issues.

+86 186.2196.0802