Processing Time, Status Validity Period, Status Maintenance

Currently, the processing time for I-526 is approximately 15 months, while for I-829 is 6~9 months. As the number of applicants from mainland China increase, it has been forecast that there will be a “retrogression” starting May, 2015, where the visa quota allotted for the fiscal year is exhausted and applicants with I-526 approval may need to wait for an amount of time for quota for subsequent year(s) to become available.

The conditional permanent resident status is valid for 2 years, 3 months prior to the expiration of which the EB-5 visa holder is to start applying for removal of conditions. After the application is approved, the unconditional green card issued will be valid for 10 years.

U.S. Permanent Residency is not a legal right, but a privilege that can be removed. Under certain circumstances a permanent resident is liable for losing his/her permanent resident status. The key factor in the maintenance of permanent residency is the intent to maintain residency in the United States, which can be attested to by elements including but not limited to the duration of absence from U.S., purpose of such absence, proof of a termination date of absence from U.S., observant filing of federal tax return during absence from U.S., whereabouts of close family members in the U.S., etc.