Before you can become a permanent resident, you must first petition to have your immigrant status adjusted. This will make you a conditional permanent resident; after a period of time, the conditions may be removed, and you will lawfully be a permanent resident of the U.S.
In order to do this, you must have an approved Form I-526, Immigrant Petition by Alien Entrepreneur. Once your priority date is current, you can apply for conditional permanent residence using Form I-485, Application to Register Permanent Residence or Adjust Status.
Generally speaking, it can take between six months to one year to receive approval for Form I-485. Once you are approved, both you and your eligible family members may receive 2 years of “conditional” permanent resident status in the U.S. This may include spouses and unmarried children under the age of 21.
During your two years of conditional residency, you must continue to operate under the conditions of your EB-5 visa, including upholding the job and investment requirements. Up to 90 days before your conditional residence expires, you are required to file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.
Our trusted attorneys at Jatoi & de Kirby, A.P.C. can help you with the steps of the investor immigration process, including the removal of your conditional residency—the final step to permanent residence in the U.S.
Contact us today for more information.