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THREE RIVERS · EB-5 FIELD GUIDE

Does filing I-829 make every redemption right immediately exercisable?

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THE DIRECT ANSWER

No universal result follows. Filing does not itself remove conditions or determine the commercial agreement’s operation.

Review the actual case and contract

Keep the applicable capital requirements and private terms distinct. A filing receipt is not a blanket instruction to redeem.

Keep one line for the project — funding closes, phases, reporting — and another for the immigration steps, ending with conditional residence and the Form I-829 petition to remove conditions, ordinarily filed during the 90 days before the second anniversary of that residence. Map EB-5 as a sequence of evidence and immigration events: source creation, tracing, commitment, petition, immigrant-visa or adjustment processing when available, conditional residence, and the later petition to remove conditions. An investment’s proposed repayment schedule does not establish immigration timing or guarantee removal of conditions, and commercial delays should not be allowed to obscure a filing deadline. USCIS filing charges for the investor petition, adjustment of status if used, and the petition to remove conditions appear on Form G-1055; the Department of State publishes the immigrant-visa fees for consular processing. Conditional permanent residence begins on admission or on approval of adjustment rather than on approval of the petition, and the filing to remove conditions falls due in a window measured from that start rather than from any later correction to a record.