Removal of Conditions, EB-5 Visa

Approval of an AOS application or the grant of an immigrant visa followed by entry as entry into the U.S. means that the investor and the spouse and qualified children of the investor have been granted Conditional Lawful Permanent Residence (CLPR) for two years. The “conditions” must be removed so that the aliens may reside in the U.S. indefinitely. Failure to remove the conditions results in the termination of CLPR status and will result in the commencement of removal proceedings.

Removal of conditions is sought by the filing of a petition in the 90 day period immediately preceding the second anniversary of the grant of CLPR status. In support of the petition, the alien investor must demonstrate full investment in the enterprise, sustainment of the investment continuously since becoming a CLPR and compliance with the requirement that ten (10) employment positions have been created as a result of the investment. The General Partner will provide documentation upon request by the investor as reasonably necessary and available in support of the investor’s application for removal of conditions.

The California Service Center currently has jurisdiction to decide a Petition to Remove Conditions. It is authorized to approve a petition, seek additional written information before deciding the petition, refer the petition to a local office where information will be elicited in an interview, or, it may deny the petition. If the petition is referred for an interview, the local office of USCIS will decide the petition after the interview.

During the pendency of the petition, aliens admitted in CLPR status remain in valid status even if the petition is not decided before the expiry of the two year period of admission. CLPR is extended in one year increments or until the Petition to Remove Conditions is adjudicated. Unfortunately, some USCIS offices have been reluctant to provide documentary evidence of the extension of CLPR status, presumably in ignorance of the law. Aliens have also experienced difficulty obtaining advance permission to travel during this period. This difficulty is not experienced in all instances and it may abate as local USCIS offices become more familiar with the law. Delays and improper denials of documents evidencing extended CLPR status and advance parole cannot be ruled out. Denial of such documents does not end the lawful status granted by statute.

USCIS regulations control the process of removal of conditions. These regulations may change in the future. The investor will be expected to comply with and proceed with removal of condition under the regulations in effect at the time the investor seeks removal of conditions.