Petition by Entrepreneur to Remove Conditions

OMB No. 1615-0045; Expires 05/31/09

Instructions for I-829, Petition by
Entrepreneur to Remove Conditions

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers.

What Is the Purpose of This Form?
This form is for a conditional permanent resident who
obtained such status through entrepreneurship to petition to
the U.S. Citizenship and Immigration Services (USCIS) to
remove the conditions on his or her residence.

If you obtained conditional permanent resident status through
your entrepreneur spouse or parent and your spouse or parent
has died, you may use this form for removal of the conditions.
You may use this form to petition for removal of the
conditions.

General Instructions.
When Should I Use Form I-829?
You must file this petition during the 90 days
immediately before the second anniversary of the date
that you obtained conditional permanent resident status.
This is the date your conditional permanent residence
expires.
Effect of Filing.
Filing this petition extends your conditional permanent
residence for six months. You will receive a filing receipt that
you should carry with your Permanent Resident Card. If you
travel outside the United States during this period, you may
present your Permanent Resident Card and the filing receipt
in order to be readmitted.

Effect of Not Filing.
If this petition is not filed, you will automatically lose your
permanent resident status as of the second anniversary of the
date that you were granted conditional status. As a result, you
will become removable from the United States. If your failure
to file was for good cause and due to extenuating
circumstances, you may file your petition late with a written
explanation and request that USCIS excuse the late filing.

Who May File This I-829?
If you were granted conditional permanent resident status
through entrepreneurship, use this form to petition for the
removal of those conditions. You may include your
conditional permanent resident spouse and children in your
petition, or they may file separately subsequent to your
petition. If filing subsequently, attach a copy of the Form
I-797, Notice of Action, relating to the principal's petition.

Step 1. Fill Out the Form I-829
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."

Step 2. General requirements
You must file your petition with:
1. Permanent Resident Card (Form I-551).
A. A copy of your Permanent Resident Card and, if
applicable;
B. A copy of the Permenent Resident Card of your
conditional permanent resident spouse and each of your
conditional permanent resident children included in
your petition.
2. Evidence of the Commercial Enterprise. Submit the
following types of evidence with your petition: (Please
label each type of evidence.)
A. Evidence that you established a commercial enterprise.
Such evidence includes, but is not limited to, federal
tax returns;
B. Evidence that you invested or were actively in the
process of investing the amount of capital required for
the location of your enterprise. Such evidence
includes, but is not limited to, an audited financial
statement; and
Form I-829 Instructions (Rev. 07/30/07) N

C. Evidence that you sustained your enterprise and your
investment in that business throughout your period of
conditional permanent residence. Examples of such
evidence include:
1. Invoices and receipts;
2. Bank statements;
3. Contracts;
4. Business licenses; and
5. Federal or state income tax returns or quarterly tax
statements.
D. Evidence of the number of full-time employees at the
beginning of the investment and at present. Such
evidence includes but is not limited to:
1. Payroll records;
2. Relevant tax documents; and
3. Forms I-9.
3. If you are filing as a spouse or child whose entrepreneur
spouse or parent has died, submit the following with your
petition:
A. Your spouse's permanent resident card;
B. Your spouse's death certificate; and
C. Evidence that the conditions set forth above in
"Evidence of the Commercial Enterprise" have been
met.
4. Biometric Services.
Applicants will noe have their photograph, fingerprint, and
signature taken by USCIS. When you file Form I-829,
USCIS will notify you in writing of the date, time, and
location where you must go for the required biometric
services. Failure to appear for the biometric services may
result in a denial of your application.
NOTE: Because USCIS is now taking photographs of
applicants, you no longer need to submit two passportstyle photos.

Where To File?
If the new commercial enterprise is located or will be doing
business principally in Alabama, Arkansas, Connecticut,
Delaware, District of Columbia, Florida, Georgia, Kentucky,
Louisiana, Mississippi, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New Mexico, New York, North
Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto
Rico, Rhode Island, Tennessee, Texas, Vermont, U.S. Virgin
Islands, Virginia or West Virginia, mail the petition to:
USCIS Texas Service Center
P.O. Box 852135
Mesquite, TX 75185-2135
If the new commercial enterprise is located or will be doing
business principally in Alaska, Arizona, California, Colorado,
Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,
Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada,
North Dakota, Ohio, Oregon, South Dakota, Utah,
Washington, Wisconsin or Wyoming, mail the petition to:
USCIS California Service Center
P.O. Box 10526
Laguna Niguel, CA 92607-0526

What Is the Filing Fee?
The filing fee for a Form I-829 is $2,850.00
The fee for biometric services is $80.00
You may submit one check or money order for both the
petition and biometric services, for a total of $2,930.00.
NOTE: Each conditional resident dependent, eligible to be
included on the principal applicant's Form I-829 and listed
under Part 3 or Part 4 of Form I-829, is required to submit
an additional biometric services fee of $80.00.
The fees must be submitted in the exact amount. It cannot be
refunded. Do not mail cash.
Use the following guidelines when you prepare your check or
money order for the Form I-829 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and

Form I-829 Instructions (Rev. 07/30/07) N Page 2

2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are
filing your petition there, make it payable to
Commissioner of Finance of the Virgin
Islands.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of
insufficient funds, we may try to make the transfer up to two
times.
How to Check If the Fees Are Correct.
The form fee on this form is current as the the edition date
appearing in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below:
1. Visit our website at www.uscis.gov, select "Immigration
Forms" check the appropriate fee;
2. Review the Fee Schedule included in your form package, if
you called us to request the form or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Address Changes.
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail
to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information.
Any Form I-829 that is not signed or accompanied by the
correct fee, will be rejected with a notice that the Form
I-829 is deficient. You may correct the deficiency and
resubmit the Form I-829. An application or petition is not
considered properly filed until accepted by USCIS.

Initial processing. Once a Form I-829 has been accepted, it

will be checked for completness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without required initial evidence, you will not
establish a basis for eligibility and we may deny your Form
I-829.

Requests for more information or interview. We may

request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.

Decision. The decision on a Form I-829 involves a
determination of whether you have established eligiblity for
the requested benefit. You will be notified of the decision in
writing.

Form I-829 Instructions (Rev. 07/30/07) N Page 3

USCIS Forms and Information.
To order USCIS forms, call our toll-free number at 1-800870-3676. You can also get USCIS forms and information on
immigration laws, regulations and procedures by telephoning
our National Customer Service Center at 1-800-375-5283 or
visiting our internet website at www.uscis.gov.
As an altenative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Paperwork Reduction Act.
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a collection
of information unless it displays a currently valid OMB control
number. The public reporting burden for this collection of
information is estimated at 1 hour, 5 minutes per response,
including the time for reviewing instructions, completing and
submitting the form. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to: U.S.
Citizenship and Immigration Services, Regulatory Management
Division, 111 Massachusetts Avenue, N.W., 3rd Floor, Suite
3008, Washington, DC 20529. OMB No. 1615-0045. Do not
mail your application to this address.

Penalties.
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form I-829, we will
deny the Form I-829 and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice.
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies.
Failure to provide this information, and any requested
evidence, may delay a final decision or result in denial of
your Form I-829.

Form I-829 Instructions (Rev. 07/30/07) N Page 4