OMB No. 1615-0045; Expires 12/31/2014
Instructions for I-829, Petition by
Entrepreneur to Remove Conditions
Department of Homeland Security
U.S. Citizenship and Immigration Services
Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers. Also, note the filing fee for Form I-829 is $3,750 plus
an $85 biometrics services fee, if required. For more information, see "What is the Filing Fee?".
What Is the Purpose of Form I-829?
This form is for a conditional permanent resident who
obtained such status through entrepreneurship to petition to
the U.S. Citizenship and Immigration Services (USCIS) to
remove the conditions on his or her residence.
If you obtained conditional permanent resident status through
your entrepreneur spouse or parent, and your spouse or parent
has died, you may use this form to petition for removal of the
conditions.
General Instructions
When Should I Use Form I-829?
Step 1. Fill Out Form I-829
You must file this petition during the 90 days immediately
before the second anniversary of the date that you obtained
conditional permanent resident status. This is the date your
conditional permanent residence expires.
1. Type or print legibly in black ink.
Effect of Filing
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "None."
Filing this petition extends your conditional permanent
residence for six months. You will receive a filing receipt that
you should carry with your Permanent Resident Card. If you
travel outside the United States during this period, you may
present your Permanent Resident Card and the filing receipt
in order to be readmitted.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
Step 2. General Requirements
You must file your petition with:
1. Permanent Resident Card (Form I-551).
Effect of Not Filing
If this petition is not filed, you will automatically lose your
permanent resident status as of the second anniversary of the
date that you were granted conditional status. As a result, you
will become removable from the United States. If your failure
to file was for good cause and due to extenuating
circumstances, you may file your petition late with a written
explanation and request that USCIS excuse the late filing.
Who May File Form I-829?
If you were granted conditional permanent resident status
through entrepreneurship, use this form to petition for the
removal of those conditions. You may include your
conditional permanent resident spouse and children in your
petition, or they may file separately subsequent to your
petition. If filing subsequently, attach a copy of Form I-797,
Notice of Action, relating to the principal's petition.
A. A copy of your Permanent Resident Card, if
applicable; and
B. A copy of the Permanent Resident Card of your
conditional permanent resident spouse and each of your
conditional permanent resident children included in
your petition.
2. Evidence of the Commercial Enterprise. Submit the
following types of evidence with your petition (Label each
type of evidence):
A. Evidence that you established a commercial enterprise.
Such evidence includes, but is not limited to, Federal
tax returns;
B. Evidence that you invested or were actively in the
process of investing the amount of capital required for
the location of your enterprise. Such evidence includes,
but is not limited to, an audited financial statement; and
Form I-829 Instructions 12/16/12 Y
C. Evidence that you sustained your enterprise and your
investment in that business throughout your period of
conditional permanent residence. Examples of such
evidence include:
1. Invoices and receipts;
2. Bank statements;
3. Contracts;
i.
B. Since becoming a conditional permanent resident, if
you have ever been arrested or detained by any law
enforcement officer for any reason, and charges were
filed, or if charges were filed against you without an
arrest, submit:
i.
4. Business licenses; and
5. Federal or State income tax returns or quarterly tax
statements.
D. Evidence of the number of full-time employees at the
beginning of the investment and at present. Such
evidence includes but is not limited to:
1. Payroll records;
An original or court-certified copy of the complete
arrest record, and/or disposition for each incident
(e.g., dismissal order, conviction record, or
acquittal order.)
C. Since becoming a conditional permanent resident, if
you have ever been convicted or placed in an
alternative sentencing program or rehabilitative
program (such as a drug treatment or community
service program), submit:
i.
An original or court-certified copy of the
sentencing record for each incident; and
ii.
Evidence that you completed your sentence;
specifically:
2. Relevant tax documents; and
3. Form I-9s.
An original official statement by the arresting
agency or applicable court order confirming that
no charges were filed.
3. If you are filing as a spouse or child whose entrepreneur
spouse or parent has died, submit the following with your
petition:
a. An original or certified copy of your probation
or parole record; or
A. Your spouse's or parent's permanent resident card;
b. Evidence that you completed an alternative
sentencing program or rehabilitative program.
B. Your spouse's or parent's death certificate; and
C. Evidence that the conditions set forth above in
"Evidence of the Commercial Enterprise" have been
met.
D. Since becoming a conditional permanent resident, if
you have ever had any arrest or conviction vacated, set
aside, sealed, expunged, or otherwise removed from
your record, submit:
i.
An original or court-certified copy of the court
order vacating, setting aside, sealing, expunging,
or otherwise removing the arrest or conviction; or
ii.
An original statement from the court that no record
exists of your arrest or conviction.
4. Biometrics Services
You will have your photograph, fingerprint, and signature
taken by USCIS. When you file Form I-829, USCIS will
notify you in writing of the date, time, and location where
you must go for the required biometrics services. Failure to
appear for the biometrics services may result in a denial of
your application.
NOTE: Because USCIS is now taking photographs of
applicants, you no longer need to submit two passportstyle photos.
5. Criminal History
A. Since becoming a conditional permanent resident, if
you have ever been arrested or detained by any law
enforcement officer for any reason, and no charges
were filed, submit:
NOTE: Unless a traffic incident was alcohol or drug
related, you do not need to submit documentation for
traffic fines and incidents that did not involve an actual
arrest if the only penalty was a fine of less than $500
and or points on your driver's license.
Where To File?
Regardless of the location of the new commercial enterprise,
file Form I-829 to:
USCIS California Service Center
P.O. Box 10526
Laguna Niguel, CA 92607-0526
Form I-829 Instructions 12/14/12 Y Page 2
What Is the Filing Fee?
2.
Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
For TDD (hearing impaired) call: 1-800-767-1833.
The filing fee for Form I-829 is $3,750.
The fee for biometric services is $85.
You may submit one check or money order for both the
petition and biometrics services, for a total of $3,835.
NOTE: Each conditional resident dependent, eligible to be
included on the principal applicant's Form I-829 and listed
under Part 3 or Part 4 of Form I-829, is required to submit an
additional biometrics services fee of $85.
The fees must be submitted in the exact amount. It cannot be
refunded. Do not mail cash.
Use the following guidelines when you prepare your check
or money order for the Form I-829 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and
Address Changes
If you changed your address, you must inform USCIS of your
new address. For information on filing a change of address go
to the USCIS Web site at www.uscis.gov/addresschange or
contact the National Customer Service Center at
1-800-375-5283. For TDD (hearing impaired) call:
1-800-767-1833.
Processing Information
Any Form I-829 that is not signed or accompanied by the
correct fee, will be rejected with a notice that Form I-829
is deficient. You may correct the deficiency and resubmit
Form I-829. An application or petition is not considered
properly filed until accepted by USCIS.
Initial processing
2. Make the check or money order payable to U.S.
Department of Homeland Security.
NOTE: Spell out U.S. Department of Homeland Security; do
not use the initials "USDHS" or "DHS."
Once Form I-829 has been accepted, it will be checked for
completeness, including submission of the required initial
evidence. If you do not completely fill out the form, or file it
without required initial evidence, you will not establish a basis
for eligibility and we may deny your Form I-829.
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.
Requests for more information or interview
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
Decision
How to Check If the Fees Are Correct
USCIS Forms and Information
The form fee on this form is current as the the edition date
appearing in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below:
1.
Visit our Web site at www.uscis.gov, select "FORMS,"
and check the appropriate fee;
We may request more information or evidence, or we may
request that you appear at a USCIS office for an interview.
We may also request that you submit the originals of any
copy. We will return these originals when they are no longer
required.
The decision on Form I-829 involves a determination of
whether you have established eligibility for the requested
benefit. You will be notified of the decision in writing.
To ensure you are using the latest version of this form, visit
the USCIS Web site at www.uscis.gov where you can obtain
the latest USCIS forms and immigration-related information.
If you do not have internet access, you may order USICS
forms by calling our toll-free number at 1-800-870-3676.
You may also obtain forms and information by calling our
USCIS National Customer Service Center at 1-800-375-5283.
For TDD (hearing impaired) call: 1-800-767-1833.
Form I-829 Instructions 12/14/12 Y Page 3
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our Web site. Use the InfoPass appointment scheduler
and follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.
Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-829, we will
deny your Form I-829 and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.
Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-829.
electronic transmission, or telephone; unannounced physical
site inspections of residences and places of employment; and
interviews. Information obtained through verification will be
used to assess your compliance with the laws and to determine
your eligibility for the benefit sought.
Subject to the restrictions under 8 CFR part 103.2(b)(16), you
will be provided an opportunity to address any adverse or
derogatory information, that may result from a USCIS
compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated
an adverse action which may result in revocation or
termination of an approval.
Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 1 hour, 5 minutes per
response, including the time for reviewing instructions, and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Coordination Division, Office of Policy and
Strategy, 20 Massachusetts Ave NW, Washington, DC
20529-2140; OMB No. 1615-0045. Do not mail your
completed Form I-829 to this address.
USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury
(28 U.S.C.1746) that all information and documentation
submitted with this form is true and correct. You also have
authorized the release of any information from your records
that USCIS may need to determine eligibility for the benefit
you are seeking and consented to USCIS verification of such
information.
The Department of Homeland Security has the right to verify
any information you submit to establish eligibility for the
immigration benefit you are seeking at any time. USCIS' legal
right to verify this information is in 8 U.S.C. 1103, 1155,
1184, and 8 CFR parts 103, 204, 205, and 214. To ensure
compliance with applicable laws and authorities, USCIS may
verify information before or after your case has been decided.
Agency verification methods may include, but are not limited
to: review of public records and information; contact via
written correspondence, the Internet, facsimile or other
Form I-829 Instructions 12/14/12 Y Page 4
