In order to become a lawful permanent resident, eligible investors must file USCIS Form I-829, Petition by Entrepreneur to Remove Conditions within 90 days before the second anniversary of an Alien Investors admission to the United States as a conditional resident.
The petition must be accompanied by all required documentation and signed by the petitioner. The petitioners spouse and children should be included in the petition. The petitioner need not be in the U.S. at the time of filing, but must return to the U.S. with his/her spouse and children if necessary to comply with interview requirements. The condition is removed if, at the end of the period, the investor remains in full compliance with the law.
According to the immigration law, petitioners should be qualified as follows:
1. The commercial enterprise must have resulted in the creation of at least 10 full-time positions for qualifying workers;
2. The entire minimum required investment was made at the time of the initial investment.;
3. Gross and net income have been generated annually by the commercial enterprise to show the investment was placed for the purpose of generating a return on the capital.;
4. The alien entrepreneur has sustained his or her investment of the requisite capital during the two years of conditional permanent residence.
Only if petitioner meets these requirements, he/she will become a lawful permanent resident successfully