Page:USCIS Remarks by Sarah Kendall, Chief, IPO.pdf/14

 (9) What steps should a petitioner take to resolve the improper rejection, from Lockbox staff, of a request to add an eligible derivative to a Form I-829?

Petitioners should contact IPO’s Inquiry Management Team at uscis.immigrantinvestorprogram@uscis.dhs.gov, if a petitioner believes we incorrectly rejected their request to add a derivative to Form I-829.

(10) Can investors receive their investment back after submitting the Form I-829, if they have met the eligibility requirements at time of filing?

To qualify for removal of the conditions on permanent residence, the immigrant investor must, in part, show that at least 10 full-time positions for qualifying employees have been created or will be created within a reasonable time, and provide evidence that they sustained their investment throughout the period of their status as a conditional permanent resident. USCIS reviews the investor’s evidence to ensure sustainment of the investment for two years from the date the investor obtained conditional permanent residence.

Since the immigrant investor must submit Form I-829 within the 90-day period preceding the second anniversary of obtaining conditional permanent resident status, filing Form I-829 may not necessarily account for the entirety of the investor’s required sustainment period.

In cases with a similar fact pattern, the required 10 jobs may not have been created or the record may not demonstrate that the requisite jobs will be created within a reasonable time, which may result in us denying the Form I-829.

(11) What can a denied Form I-829 petitioner do to ensure that USCIS properly extends their I-551? Page 14 of 18