Master prompt
EB-5 family derivatives + I-829 condition removal strategy
Spouse + unmarried children under 21 as derivative beneficiaries; conditional 2-year green card; I-829 filing window (90 days before conditional GC expires); sustained at-risk + job-creation evidence through condition period.
United StatesEB-5DerivativesI-829Conditional GCCSPACondition removal
[CLIENT_NAME] and family received conditional permanent residence (CPR) on [CONDITIONAL_GC_GRANT_DATE]. The conditional 2-year period expires on the 2nd anniversary; the Form I-829 must be filed within the 90-day window IMMEDIATELY BEFORE that expiration date. Failure to file timely results in automatic termination of CPR for the investor AND all derivative beneficiaries. Plan the I-829 strategy now.
FAMILY POSTURE
- Principal: [CLIENT_NAME]
- Spouse: N/A
- Children: None
- CPR grant date: [CONDITIONAL_GC_GRANT_DATE]
- I-829 filing window: [CONDITIONAL_GC_GRANT_DATE + 2 years - 90 days] to [CONDITIONAL_GC_GRANT_DATE + 2 years]
- Investment: USD [INVESTMENT_AMOUNT_USD] in [INVESTMENT_PATH]
- Project progress: [PROJECT_PROGRESS]
- Travel during condition period: No long trips
§1 — DERIVATIVE BENEFICIARIES — LEGAL FRAMEWORK
Under INA Sec.203(d) and 8 CFR Sec.204.6(k):
(a) Spouse — derivative beneficiary at time of I-526E filing; receives same conditional
GC; same I-829 filing for condition removal
(b) Unmarried children UNDER 21 at the time of I-526E filing — derivative; same path
(c) Children who marry or turn 21 (subject to CSPA — see Section2) BEFORE I-526E approval
lose derivative status (must file separate FB / EB petition or be sponsored later)
(d) Stepchildren — eligible if marriage occurred before stepchild turned 18
For N/A and None: confirm all derivatives received CPR on
[CONDITIONAL_GC_GRANT_DATE]. Each derivative has their own I-551 (green card) with the same
expiration date as the principal.
§2 — CSPA (CHILD STATUS PROTECTION ACT) ANALYSIS
CSPA "freezes" the child's age at the time of I-526E filing, less the time the petition was
pending at USCIS.
CSPA age formula:
Age at time visa becomes available (i.e., principal's priority date current at NVC
stage / AOS filing) MINUS time I-526E was pending at USCIS = CSPA age
Example: Child born 2007-08-22 (turns 21 on 2028-08-22)
- I-526E filed 2026-03-01; approved 2027-06-15 (16 months pending)
- Priority date current at AOS / DS-260 stage: 2027-06-15
- Biological age at visa availability: 2027-06-15 - 2007-08-22 = 19 years 10 months
- CSPA age = 19y 10m - 16m = 18 years 6 months -> child PROTECTED under CSPA
For None involving a 19-year-old: run the CSPA arithmetic now. If the child
"ages out" under CSPA (CSPA age >= 21 before visa available), they lose derivative status
and the family must:
- Sponsor the now-adult child via FB-1 (unmarried son/daughter of US citizen) once the
principal naturalizes — long wait (10-15 years for India)
- OR have the child file their own EB-5 / EB-1C / other petition
NOTE: CSPA "sought to acquire" requirement — child must apply for AOS / immigrant visa
within 1 year of visa availability or CSPA protection may not apply. Calendar carefully.
§3 — CONDITIONAL GREEN CARD COMPLIANCE (2-YEAR PERIOD)
During the 24 months from [CONDITIONAL_GC_GRANT_DATE] to expiration:
(a) Maintain "at risk" investment — the full USD [INVESTMENT_AMOUNT_USD] must remain
committed and at risk in the NCE (and via NCE loan to JCE for RC path) throughout
this period. Any return-of-capital event (e.g., RC project refinance returns USD
capital to investor) BEFORE I-829 approval is structurally fatal.
(b) Continue job creation — for direct path, sustain the 10+ W-2 hires; for RC path,
project must continue generating the indirect/induced jobs per the economic study
(which assumes operational sustainability through the projected timeframe).
(c) Maintain US residence — CPR holders are US permanent residents and should not be
treated as nonresident aliens. Trips abroad ok but:
- Single trip <6 months: no impact
- Single trip 6-12 months: PRESUMED abandonment, rebuttable (engage attorney; carry
evidence of intent to return — US home, US bank accounts, US tax filings, US job)
- Single trip >12 months: BREAKS continuous residence; requires SB-1 returning
resident visa OR new immigrant visa; conditional status complicates
- For No long trips: review each trip; document return intent
(d) File US federal tax returns as a US RESIDENT (Form 1040, worldwide income reporting,
FBAR / Form 8938 for Indian financial accounts) — failure to file 1040 as a resident
is grounds for residence-abandonment finding
(e) Maintain US ties — driver's licence, US bank accounts, US health insurance, US lease /
home ownership, US employment / business presence
(f) Update USCIS within 10 days of address change (Form AR-11) — failure is a misdemeanor
§4 — I-829 FILING WINDOW
Critical dates for [CONDITIONAL_GC_GRANT_DATE]:
- 2-year conditional GC expires: [CONDITIONAL_GC_GRANT_DATE + 2 years]
- I-829 filing window opens: [CONDITIONAL_GC_GRANT_DATE + 2 years - 90 days]
- I-829 filing window closes: [CONDITIONAL_GC_GRANT_DATE + 2 years]
Filing EARLIER than the 90-day window: I-829 will be REJECTED. Wait.
Filing LATER than the 90-day window (i.e., after the 2-year anniversary): conditional
status terminates automatically; investor + derivatives placed in removal proceedings
unless the late filing is excused by USCIS for "good cause" (limited grounds — natural
disaster, serious medical issue).
Calendar reminders: 6 months before window opens; 3 months; 30 days; week of opening.
§5 — I-829 FORM PACK
A. Form I-829 — Petition by Investor to Remove Conditions on Permanent Resident Status
- Filing fee: USD 9,525 + biometrics for each derivative // 2026-05 — verify
- Online filing available via USCIS account
- Principal investor is the petitioner; spouse + minor children listed as derivatives
B. Original conditional GC (Form I-551) — copies of front + back for each family member
C. Evidence of investment sustained AT RISK throughout the 2-year period:
- NCE Limited Partnership Agreement / Operating Agreement (proves continuing interest)
- Capital account statements / K-1 schedules for the 2-year period
- For RC path: NCE financial statements; loan documentation between NCE and JCE; JCE
financial statements; evidence that capital was actually deployed to JCE for the
promised project (not held idle in NCE escrow)
- For direct path: bank statements showing capital deployed in business; business
financial statements; balance sheets showing equity capital retained
D. Evidence of job creation:
For DIRECT path:
- Form W-2 / W-3 (annual wage and tax statements) for each qualifying employee for
each year of the conditional period
- Form 941 quarterly federal payroll tax returns
- State unemployment insurance filings
- I-9 employment eligibility forms for each employee (confirming qualifying US
work status)
- Job descriptions, hire letters, current employment confirmation
- Payroll register / pay stub samples
- Demonstrate 10+ qualifying W-2 jobs created AND sustained
For REGIONAL CENTER path:
- RC annual reports for the conditional period
- Updated economic study (or report) demonstrating jobs created per the original
model
- JCE financial statements showing operational status
- JCE payroll evidence (W-2s, 941s) for direct jobs at the JCE
- Construction completion certificates / certificates of occupancy
- Hotel / business operational metrics (occupancy, revenue) showing the project is
functioning as projected
E. Evidence that the investor + family maintained US residence:
- US federal tax returns (Form 1040) for the 2 years
- US state tax returns
- US drivers' licences
- US lease / home ownership
- US bank statements
- Children's US school enrolment records
- Travel record demonstrating no extended absences (US passport entry/exit + I-94
records)
F. Cover letter / brief from US immigration attorney summarising the evidentiary record
and cross-referencing each I-829 requirement
G. Form G-28 — Notice of Entry of Appearance as Attorney
H. Biometrics will be scheduled separately for each family member at a USCIS ASC
§6 — RECEIPT NOTICE + EXTENSION OF STATUS
Upon I-829 filing:
- USCIS issues Form I-797 receipt notice within 2-4 weeks
- Receipt notice extends CPR status by 48 months (or until I-829 decision, whichever
earlier) // 2026-05 — verify current USCIS extension period; recent updates have
extended this materially due to backlogs
- Receipt notice serves as evidence of continued lawful permanent resident status —
paired with the expired green card for international travel and employment verification
- Some employers / state DMVs require the receipt notice + I-551 stamp in passport
("ADIT stamp") obtained at a USCIS InfoPass appointment
§7 — INTERVIEW + DECISION
I-829 processing times currently 36-60 months (verify current USCIS times). USCIS may
schedule an I-829 interview at the local field office for:
- Direct-investment cases (more common)
- Cases with RFE issues
- Random quality-assurance interviews
Investor + derivatives must appear if interviewed. Bring:
- All I-829 evidence (originals where possible)
- Updated payroll / business records
- Tax returns through the most recent year
- Photographs of the operating business
- Identification
Decision outcomes:
- Approval — permanent (10-year) green card issued to investor + each derivative; receipt
notice + ADIT stamp + new I-551 card
- RFE / NOID (Notice of Intent to Deny) — respond within stated window (typically 87
days for RFE, 30 days for NOID); engage attorney
- Denial — referral to removal proceedings; investor + family entitled to hearing before
Immigration Judge with de novo review; this is the ultimate "second chance" for I-829
cases (the IJ may approve even where USCIS denied)
- Motion to Reopen / Reconsider — narrow grounds
§8 — POST I-829 APPROVAL
Once I-829 approved:
- Permanent (10-year) GC issued to principal + each derivative
- 5-year clock to naturalisation under INA Sec.316 begins from CONDITIONAL GC grant date
(not from I-829 approval) — i.e., investor + family can apply for naturalisation 5
years from [CONDITIONAL_GC_GRANT_DATE] if continuous residence + physical presence
requirements met
- For Indian-born investors and family — Indian citizenship lost on US naturalisation
under Indian Citizenship Act 1955 Sec.9; surrender requirement within 3 months under
Indian Passport Act 1967 (see related prompt on India OCI / passport surrender)
§9 — RISK SCENARIOS + MITIGATION
(a) Investment NOT sustained — e.g., RC project failed, investor withdrew capital early
Result: I-829 likely DENIED. Mitigation: engage attorney immediately for redeployment
options under RIA — RIA permits redeployment of EB-5 capital into a new project if
original project completed its job-creation requirement; consult attorney + RC sponsor
(b) Jobs NOT created in the projected number
Result: USCIS may issue RFE; may approve if shortfall reasonably explained (e.g.,
pandemic disruption, market downturn) and good-faith effort evident
Mitigation: document mitigating factors; emphasise jobs that WERE created; expert
economist report explaining shortfall
(c) Long absences from US during conditional period
Result: residence-abandonment finding may occur during I-829 adjudication
Mitigation: documented intent to return + maintained US ties; engage attorney before
any single trip >6 months
(d) Child ages out / marries during conditional period
Result: derivative loses status mid-stream
Mitigation: CSPA arithmetic check NOW (Section2 above); if at risk, accelerate AOS
OR plan alternative sponsorship path
(e) Family divorce during conditional period
Result: spouse retains CPR (derivative status doesn't terminate on divorce IF good
faith marriage existed and CPR was issued; but spouse must independently meet I-829
proofs)
Mitigation: separate I-829 strategy for spouse; engage attorney
§10 — TIMELINE SUMMARY
Day 0: [CONDITIONAL_GC_GRANT_DATE] — CPR granted
Months 1-21: Maintain investment + jobs + US residence; file annual US taxes
Month 21: Engage US immigration attorney for I-829 preparation
Month 21-23: Compile evidence stack
Month 21 (= [CPR + 1 year 9 months]): I-829 filing window OPENS (90 days before
2-year expiry)
Month 23-24: File I-829; receive receipt notice; receipt notice extends status
Month 24 onwards: Continue US residence, taxes; await I-829 adjudication (36-60 months
current)
Year 5 from [CONDITIONAL_GC_GRANT_DATE]: Eligible to file N-400 for naturalisation
(separate prompt: us-citizenship-eligibility-audit)
DRAFT — for licensed US immigration attorney review. CSPA arithmetic is fact-specific and requires the actual I-526E filing date + approval date + DS-260/AOS-availability date. Verify against current USCIS Policy Manual Volume 6 Part G Chapter 5 (Removal of Conditions). Not legal advice. Tax filing as a US resident under IRC + Indian-side tax position (DTAA, FEMA outbound reporting on residency change) requires both US CPA + Indian Chartered Accountant.Unlock the vault to see the full prompt