60-Day Public Comment Response Matrix

Form I-829-016 Revision Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0009
30-day FRN Citation (federalregister.gov): 87 FR 79345
Publish Dates: December 27, 2022 – February 27, 2023
Comment #
1.

Commenter ID
0075

(see attachment)

2.
0075

(see attachment)

Comment
Commenter: American Immigration
Lawyers Association
The American Immigration Lawyers
Association (“AILA”) respectfully
submits the attached comments to
the Department of Homeland Security
(“DHS”) and U.S. Citizenship and
Immigration Services (“USCIS”) Agency
Information Collection Activity:
Revision of a Currently Approved
Collection: Form I-829, Petition by
Investor to Remove Conditions on
Permanent Resident Status, (USCIS
OMB Control No. 1615-0045; Docket
ID USCIS-2006-0009) published in the
Federal Register on December 27,
2022.
Commenter: American Immigration
Lawyers Association
Form I-829 Instructions: Page 1
General Instructions/Heading “Effect
of Filing”
USCIS alert dated January 23, 2023,
titled: USCIS Extends Green Card
Validity for Conditional Permanent
Residents with Pending Form I-751 or
Form I-829, states starting January 23,
2023, USCIS is extending the time
receipt notices can be used to show
evidence of status from 24 to 48
months for petitioners who properly
file Form I-829. This alert contradicts
the now proposed instruction of a
timely filed Form I-829 granting an 18month extension. This language
should be modified to incorporate the
most recent guidance. While this is
generally a positive change, with
current USCIS Form I-829 processing
times of 61 months, combined with
the continuing difficulty, when

USCIS Response
Response: The revisions
proposed through this action
were limited to updating the
Certification section and minor
grammar changes. USCIS may
consider these recommendations
in a separate comprehensive
revision action of the I-829 form
and instructions.

Response: USCIS updated the I829 Instructions, page 1 of 14,
under the Effect of Filing sub
header, to direct the petitioner to
find the length of the extension
period for conditional permanent
resident status on the filing
receipt.
USCIS may consider the
remaining recommendations in a
separate comprehensive revision
action of the I-829 form and
instructions. The revisions
proposed through this action
were limited to updating the
Certification section and minor
grammar changes.

Form I-829-016 Revision Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0009
30-day FRN Citation (federalregister.gov): 87 FR 79345
Publish Dates: December 27, 2022 – February 27, 2023
required, in scheduling field office
appointments for I-551 renewal
stamps, or DMV appointments for
driver’s license extensions, it must be
noted that neither 18 nor 48 months
are sufficient automatic renewal
periods.
Moreover, USCIS should update
guidance regarding the use of the
Form I-829 Petition receipt notices.
Currently, to use the 48-month receipt
notice as proposed by USCIS, the
investor or dependent must still be in
possession of the expired conditional
permanent resident card (Form I-551).
The Form I-829 receipt notice itself is
not a Form I-551, and on its own,
cannot be used for international travel
or for purposes of employment
verification on Form I-9. In many
instances, USCIS previously collected
expired conditional permanent
resident cards from investors and their
dependents in connection with the
issuance of an I-551 stamp. USCIS
should provide clear guidance in its
Policy Manual that investors and their
dependents who have previously
surrendered the conditional
permanent resident card (Form I-551)
are eligible to use the 48-month
receipt notice extension of their
status, regardless of whether they
possess a Form I-551.
Finally, while the language of the RIA
seems to mandate much faster
processing times, and Chief Emmel
initiated a robust Form I-829 scanning
and general hiring initiative, the
proposed form instructions are not
congruent with the reality of IPO
production. As of September 30, 2022,

Form I-829-016 Revision Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0009
30-day FRN Citation (federalregister.gov): 87 FR 79345
Publish Dates: December 27, 2022 – February 27, 2023

3.

0076

IPO had 11,150 pending Form I-829’s
and had completed 459 I-829
adjudications over the previous
quarter with a published processing
time of 61.5 months. This section of
the instructions must be modified to
accurately state that lawful
permanent residence will be extended
for the period of time listed on the
receipt notice and to note that the
receipt notice may be used with either
a Form I-551 or a previously issued
Form I-551 stamp.
Commenter: jamario hawkins
blessed by best

Response: This comment is out
of scope for the intended
information collection.