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
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-Number), if any, at the top of each sheet of
paper and indicate the part and number of the item to which the answer refers. Also, note the filing fee for Form I-829 is
$2,850 plus an $80 biometric fee, if required. For more information, see "What is the Filing Fee?" on Page 3.

What Is the Purpose of Form I-829?
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?
Step 1. Fill Out 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.

1. Type or print legibly in black ink.

DRAFT

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 Form 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 Form I-797,
Notice of Action, relating to the principal's petition.

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; and
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 (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. 12/05/08)Y

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:

i.

B. If you have ever been arrested or detained by any law
enforcement officer for any reason, and charges were
filed, or if charges were filed against you without an
arrest, submit:

1. Invoices and receipts;
2. Bank statements;
3. Contracts;

i.
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. Form I-9s.

An original official statement by the arresting
agency or applicable court order confirming that
no charges were filed.

An original or court-certified copy of the complete
arrest record, and/or disposition for each incident
(e.g., dismissal order, conviction record, or
acquittal order.)

C. If you have ever been convicted or placed in an
alternative sentencing program or rehabilitative
program (such as a drug treatment or community
service program), submit:
i.

An original or court-certified copy of the
sentencing record for each incident; and

ii.

Evidence that you completed your sentence,
specifically:

DRAFT

3. If you are filing as a spouse or child whose entrepreneur
spouse or parent has died, submit the following with your
petition:

a.

b. Evidence that you completed an alternative
sentencing program or rehabilitative program.

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.

D. If you have ever had any arrest or conviction vacated,
set aside, sealed, expunged, or otherwise removed
from your record, submit:
i.

An original or court-certified copy of the court
order vacating, setting aside, sealing, expunging,
or otherwise removing the arrest or conviction; or

ii.

An original statement from the court that no
record exists of your arrest or conviction.

4. Biometric Services
You will have your 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.

An original or certified copy of your
probation or parole record; or

NOTE: Unless a traffic incident was alcohol or drug
related, you do not need to submit documentation for
traffic fines and incidents that did not involve an
actual arrest if the only penalty was a fine of less than
$500 and or points on your driver's license.

5. Criminal History
A. If you have ever been arrested or detained by any law
enforcement officer for any reason, and no charges
were filed, submit:

Form I-829 Instructions (Rev. 12/05/08)Y Page 2

Where To File?
Regardless of the location of the new commercial enterprise,
file Form I-829 to:
USCIS California Service Center
P.O. Box 10526
Laguna Niguel, CA 92607-0526

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.

The filing fee for Form I-829 is $2,850.

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.

The fee for biometric services is $80.

How to Check If the Fees Are Correct

What Is the Filing Fee?

You may submit one check or money order for both the
petition and biometric services, for a total of $2,930.

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:

DRAFT

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.

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
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to Treasurer,
Guam.
B. If you live in the U.S. Virgin Islands, 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."

1.

Visit our website at www.uscis.gov, select "Immigration
Forms," and 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 you may complete and
mail 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

Form I-829 Instructions (Rev. 12/05/08)Y Page 3

Processing Information

Penalties

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

If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-829, we will
deny your Form I-829 and may deny any other immigration
benefit.

Initial processing. Once 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.

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.

DRAFT

Decision. The decision on 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.

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, and
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.

Form I-829 Instructions (Rev. 12/05/08) Y Page 4