I-829 Ins Toc

I829-007-INS-TOC-BiometricsRule-NPRM-05122020.docx

Petition by Entrepreneur to Remove Conditions

I-829 INS TOC

OMB: 1615-0045

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TABLE OF CHANGES – INSTRUCTIONS

Form I-829, Instructions for Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status

OMB Number: 1615-0045

05/12/2020


Reason for Revision: Bio Rule

Project Phase: NPRM


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 11/30/2021

Edition Date 11/08/2019



Current Page Number and Section

Current Text

Proposed Text

Page 2-3,

General Instructions

[Page 2]


General Instructions



Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific Instructions and/or What Evidence Must You Submit sections of these Instructions.


Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your petition and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.




If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:


1. You provided or authorized all information in the petition;


2. You reviewed and understood all of the information contained in, and submitted with, your petition; and


3. All of this information was complete, true, and correct at the time of filing.


If you fail to attend your biometric services appointment, USCIS may deny your petition.


Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.




[Page 2]


General Instructions



Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific Instructions and/or What Evidence Must You Submit sections of these Instructions.


Biometric Services Appointment. Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives or exempts the requirement.  You will be notified of the time and place of your appointment if you must appear and you will be provided requirements for rescheduling if necessary. If you fail to submit any biometrics as required, USCIS may deny your application, petition, or request.

DHS may store the biometrics submitted by an individual and use or reuse biometrics to conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), verify identity, produce documents, determine eligibility for immigration and naturalization benefits, or to perform any other functions necessary for administering and enforcing immigration and naturalization laws, and any other law within DHS authority. 


If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:


  1. You provided or authorized all information in the petition;

  2. You reviewed and understood all of the information contained in, and submitted with, your petition; and

  3. All of this information was complete, true, and correct at the time of filing.



[Deleted]




Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.



[No change]


Page 11-12,

What Is the Filing Fee?

[Page 11]


What Is the Filing Fee?


The filing fee for Form I-829 is $3,750. A biometric services fee of $85 is also required for the petitioners, as well as any current spouse, former conditional permanent resident spouse, or conditional permanent resident children that are included on the petition between 14 and 79 years of age. That means you must submit a separate biometric services fee of $85 for each conditional permanent resident who is applying with you to remove the conditions on their permanent resident status.


[Page 11]


What Is the Filing Fee?


The filing fee for Form I-829 is $3,750. A biometric services fee of $85 is also required for the petitioners, as well as any current spouse, former conditional permanent resident spouse, or conditional permanent resident children that are included on the petition. That means you must submit a separate biometric services fee of $85 for each conditional permanent resident who is applying with you to remove the conditions on their permanent resident status.


Page 13,

Processing Information

[Page 13]


Processing Information


You must have a United States address to file this petition.


Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not completely fill out this petition, you will not establish a basis for your eligibility, and USCIS may reject or deny your petition.


Requests for More Information. We may request that you provide more information or evidence to support your petition. We may also request that you provide the originals of any copies you submit. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.


Requests for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature to verify your identity and/or update background and security checks.


Decision. The decision on Form I-829 involves a determination whether you have established eligibility for the removal of conditions on your permanent resident status. USCIS will notify you of the decision in writing.


[Page 13]


Processing Information


You must have a United States address to file this petition.


Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not completely fill out this petition, you will not establish a basis for your eligibility, and USCIS may reject or deny your petition.


Requests for More Information. We may request that you provide more information or evidence to support your petition. We may also request that you provide the originals of any copies you submit. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original.


Requests for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At the time of any interview or other appearance at a USCIS office, we may require that you provide biometrics to verify your identity and/or update background and security checks.



Decision. The decision on Form I-829 involves a determination whether you have established eligibility for the removal of conditions on your permanent resident status. USCIS will notify you of the decision in writing.


Page 14,

Paperwork Reduction Act

[Page 14]


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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 4 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. The collection of biometrics is estimated to require 1 hour and 10 minutes. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0045. Do not mail your completed Form I-829 to this address.


[Page 14]


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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 4 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. The collection of biometrics is estimated to require 3 hours and 40 minutes. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0045. Do not mail your completed Form I-829 to this address.



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File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleI-829
AuthorLauver, James L
File Modified0000-00-00
File Created2021-01-13

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