On May 2, 2018, the U.S. Citizenship and Immigration Services (USCIS) updated a policy guidance in Volume 6, Part G of the USCIS Policy Manual restating the continuation of the documentation of conditional permanent resident (CPR) status for employment-based fifth preference (EB-5) immigrants.
According to the current regulation, upon adjustment of status or admission to the United States, immigrant investors and their derivative family members receive Conditional Permanent Resident (CPR) status for a 2-year period. In order to become lawful permanent residents without conditions, immigrant investors are required to properly file a Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (Form I-829). Once USCIS receives a properly filed Form I-829, the USCIS automatically extends the immigrant’s CPR status for 1 year, with possibilities for further extension, until the Form I-829 is adjudicated or a final order of removal is issued.
This guidance, contained in Volume 6 of the Policy Manual, reaffirms guidance previously found in Chapter 25.2 of the Adjudicator’s Field Manual (AFM) and not yet published in the USCIS Policy Manual. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance.
The policy manual update reaffirms that the USCIS provides immigrant investor’s documentation of CPR status until the Form I-829 is adjudicated or a final order of removal is issued.
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