Immigration for investors

Removing conditions on residence

Green cards based on a recent marriage or an EB-5 investment are conditional for two years. Before they expire, the holder must file to remove the conditions. We prepare that petition for spouses on Form I-751 and for investors on Form I-829.

What we handle

Both kinds of conditional residence, including the cases that need a waiver.

  • Joint petitions

    Form I-751 filed by both spouses together, with evidence of the marriage.

  • Waivers

    Form I-751 filed alone after divorce, abuse, a spouse’s death, or when removal would cause extreme hardship.

  • Investor petitions

    Form I-829, showing the investment was sustained and the jobs created.

  • Late filings

    Petitions filed after the deadline, with the explanation of good cause the law requires.

  • Interviews and requests

    Preparation for an interview, and answers to requests for evidence.

  • Denials

    Review of a denied petition before an immigration judge.

How the process works

Five steps. The filing window is fixed, so we calendar it as soon as the card arrives.

  1. Note the date

    The conditional card expires two years after residence began. The filing window opens 90 days before that.

    Who: the firm calendars it

  2. Gather the evidence

    For a marriage, records of a shared life: leases, joint accounts, children’s birth certificates. For an investment, proof the capital stayed invested and the jobs exist.

    Who: you and the firm

  3. File in the window

    We file Form I-751 or Form I-829 within the 90 days. A waiver petition on Form I-751 can be filed at any time.

    Who: the firm

  4. Status continues

    The receipt notice extends permanent resident status for the period printed on it, so you can keep working and traveling.

    Who: USCIS

  5. Interview and decision

    USCIS may interview you or decide on the evidence. On approval, a 10-year green card is issued.

    Who: USCIS decides; the firm prepares you

Three ways to file

Which form, and who signs it, depends on how the green card was obtained and what has happened since.

  • I-751 joint

    Married couples filing together

    Both spouses sign. The evidence shows the marriage was entered in good faith and continues.

  • I-751 waiver

    Filing alone

    After divorce or a spouse’s death, or in cases of abuse or extreme hardship. The good faith of the marriage still has to be shown.

  • I-829

    Investors

    The investor files, with the spouse and children included. The evidence shows the investment was sustained and the jobs created.

Representative matters

A few recent matters, described without client names.

  • Waiver

    Approved waiver for a woman whose divorce was final before her filing window opened.

  • Joint

    Approval without interview for a couple who had lived apart for work, with evidence of their shared finances.

  • I-829

    Permanent residence for an investor family after the project’s construction finished behind schedule.

  • Late

    Late I-751 accepted for a couple who missed the deadline during a medical emergency.

Attorney advertising. Prior results do not guarantee a similar outcome. Every case turns on its own facts.

Common questions

Can I travel while the petition is pending?

Yes. The receipt notice, together with your expired card, serves as evidence of status for the period printed on it.

We are divorcing. Can I still file?

Yes, with a waiver. You show the marriage was genuine when you entered it, even though it has ended.

Can I apply for citizenship while the I-751 is pending?

Often yes, once you meet the residence requirements. USCIS may decide both together.

Is your conditional green card expiring?

Bring the card and a note of the expiration date. In the first meeting we confirm your filing window and the evidence to gather.