5/2 Policy Manual Update (CPR while I-829 pending)
May 2, 2018 20 Comments
The following new section has been added to the USCIS Policy Manual Vol. 6 Part G, Chapter 5:
D. Extension of Conditional Permanent Residence While Form I-829 is Pending
USCIS automatically extends the conditional permanent resident status of an immigrant investor and certain dependents for 1 year upon receipt of a properly filed Form I-829. [13] The receipt notice along with the immigrant’s permanent resident card provides documentation for travel, employment, or other situations in which evidence of conditional permanent resident status is required.Within 30 days of the expiration of the automatic 1-year extension, or after expiration, a conditional permanent resident with a pending Form I-829 may take his or her receipt notice to the nearest USCIS field office and receive documentation showing his or her status for travel, employment, or other purposes.
In such a case, an officer confirms the immigrant’s status and provides the relevant documentation. USCIS continues to extend the conditional permanent resident status until the Form I-829 is adjudicated.
An immigrant investor whose Form I-829 has been denied may seek review of the denial in removal proceedings. [14] USCIS issues the immigrant a temporary Form I-551 until an order of removal becomes administratively final. An order of removal is administratively final if the decision is not appealed or, if appealed, when the appeal is dismissed by the Board of Immigration Appeals.
USCIS announced the addition this morning with a Policy Alert on Documentation of Conditional Permanent Resident Status for Immigrant Investors with a Pending Form I-829. The agency solicits stakeholder comments through May 15, 2018 using the procedure described on the Policy Comment page. (Scroll past the tables for instructions.)
Because I love my readers and don’t like relying on online documents, I painstakingly copied all of today’s version of the EB-5 Policy Manual chapter into a Word document, now added to my folder of Policy Manual versions. Word’s document comparison function indicates that Chapter 5 Part D is indeed the only significant change from previous versions, although there are minor unflagged tweaks in other sections (e.g. changing “See Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status” to “See Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (Form I-829).”
Update: Robert Divine has published a helpful article explaining the context of this Policy Manual addition: May 2 Policy Manual Update: One Small Step for I-829 Filers; Some Giant Leaps Left for USCIS to Take
EB-5 Updates 
Thanks Suzanne. On a different topic, is it me or have they stopped doing Stakeholder meetings. Its been 6 months since the last one right?
I know… Maybe USCIS didn’t hold a March meeting this year because they also expected that everything might be about to change. Or maybe they’re not ready to argue with stakeholders about debt arrangements or justify where they are with processing times.
Thank you Suzanne, I am glad to see USCIS has two movements regarding I829 today – Q1 processing analysis and the I829 policy alert, means probably a good sign that they are moving since I know they may probably working on a system conversion which may cause reviewing my RFE response delay? Searching around several forums and news, sounds like no more I829 processing during Mar and Apr, which possibly due to the system conversion thing… Hopefully today’s two posts are a good sign of IPO stepped out of their stuck and resume a normal processing starting this month. I’ve been emailing IPO twice and no reply on my case so far. I wonder they even couldn’t see any case details due to their system conversion?
I had only heard about some I-829 system conversion complications, not about a pause in I-829 processing. But that would certainly be bad news, if true. My posts today don’t indicate much about what’s going on now with IPO adjudications, I’m afraid. The Q1 processing report comes out every Spring (I was expecting it last month), and the Policy Manual update would have come from policy staff, separate from adjudications. But at least this policy update recognizes the pain of people waiting forever for I-829 decisions.
Seems you are right, nothing stopped I-829 adjudications. This article supports your idea: https://www.avseb5.com/eb5-news/-uscis-it-system-updates-result-in-delayed-i-829-receipt-notices/
While to be frank, I did searched several forums, websites, I didn’t see congratulations on I-829 approval in Mar and Apr. Congratulations happened in Jan and Feb, but not later on. I see I-924 and I-526 approval, could be the I-829 team is engaged in some tasks else, could be system conversion or they are busy with amending the I-829 receipts notice? If anybody has any insights please let me know. Thank you!
“officer confirms the immigrant’s status and provides the relevant documentation.”
But what exactly is the ‘documentation’ mentioned here? Do they take away the expired PR card and just put a stamp on my passport? Or do they issue a letter similar to the 829 receipt notice?
By the way, thanks so much for your most informative web site!
I’m not sure about the documentation, since I don’t work with I-829 myself, but I’ll update this with an article link if someone else posts helpful analysis.
Here is a good article: https://iiusa.org/blog/wp-content/uploads/2018/05/May-2-Policy-Manual-Update-One-Small-Step-for-I-829-Filers.pdf
Thanks so much! At the immigration office I had visited late last year, they said they will only stamp for 6 months. Looks like I have to get my stamp for about two to three times until my 829 is processed. Anyway, it is still a good news since this update makes their process official.
How would other Federal/local agencies perceive a expired CPR card with a stamp on passport? DOT for Driver License renewal or employer? I can see employers saying they are not comfortable as well.
Also, who wants to renew DL every 6 months?
Actually I heard you have to surrender your expired CPR card at the time of getting the extension stamp.
My concern for the passport stamp is not just for the DMV etc but for the international airports who do check your US visa status when you are flying to US as well as the US airport customs. Last time I showed the customs officers my expired CPR and 829 receipt notice at JFK, they had to consult with the senior people before they let me in. For smaller airports with less PR passengers? Good luck!
John, I had the same issue in a small(-ish) airport in England. They had to consult with a senior guy and I was thinking the same thing, what if he would be on a break or sick that day?
Stressful every time we leave the country..
After we renewed our DL for the first time, DMV in CA gave us 3-4 years to DL expiration (depending on when the birthday falls), so not sure it is still synced to the expiration of the green card.
Same issue. I was stopped at Chicago and had to go for secondary with expired green card. I was lucky I had a long flight connection! I wish there was a group for i829 people!
If you want to start a group for I-829 people, I will try to help publicize it!
That would be awesome if I knew how. Maybe he guys hat started the telegram group would know? That is a great group but primarily i526.
We have a decent group of 100+ people, most of whom are recent investors. I would suggest you all with 526 approvals join this group. We have a great tracker with all the relevant details. Your details would help the newbie investors as well.
https://t.me/joinchat/CpMYEFALbN2xkSR5VoVhgQ
I read the first 2 lines : “USCIS automatically extends the conditional permanent resident status of an immigrant investor and certain dependents for 1 year upon receipt of a properly filed Form I-829.”
What is meant by “certain dependents”. All dependents not eligible for automatic renewal ?
Sorry to hijack, what happens if the primary applicant permanently incapacitated or even worse after conditional green card but before the permanent green card arrival. Do the processing still continues and dependents gets the permanent green card later on if all other things goes well?
This would be a question for the lawyers. Note that the I-829 instructions (p. 1 and 2) say this about “Who may file Form I-829”:
You may use this form to request the removal of conditions on your permanent resident status if you were granted conditional permanent resident status as an entrepreneur. You may include your conditional permanent resident spouse or former spouse and children in your petition. If your spouse and children are not included on this Form I-829 petition, each dependent must file his or her own petition separately. Your spouse and children cannot be included together on a Form I-829 petition if they are not filing with you, the principal entrepreneur, unless the principal entrepreneur has died.
If you are the conditional permanent resident child of an entrepreneur and you have reached 21 years of age or married during the period of conditional permanent residency, or if you are the former conditional permanent resident spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, you may still be included in the entrepreneur’s petition or you may choose to file a separate petition.
NOTE: If you are filing a separate petition from the entrepreneur, you should attach a copy of the entrepreneur’s Form I-797, Notice of Action, relating to his or her I-829 petition.
If you obtained conditional permanent resident status through your entrepreneur spouse or parent, and that spouse or parent has died, you may use this form to petition for removal of the conditions on your permanent resident status.
Click to access i-829instr.pdf