33. WHAT IS THE I-839 PETITION REMOVAL OF CONDITIONS FOR AN EB-5 INVESTOR?

If the investor and family members are granted approval of the AOS application or EB-5 visa, they are given the right to enter the U.S. with Conditional Lawful Permanent Residence, CPLU, for two years. 

After the two year time period passes, all participants must remove "conditions" to live in the United States indefinitely. The process of removal will begin If conditions of the CLPR status are not removed thereafter.

All members involved must file petitions for removal of conditions within 90 days of the second anniversary the CPLR status is granted. Compliance with all requirements of the EB-5 program, including full investment and creation of 10 full-time positions, must be fulfilled by the time the petition is submitted. The investor must also be actively maintaining the venture since activation of the CPLR status. The General Partner of the Project will submit any necessary documentation to rightful recipients to aid in the investor's request for Removal of Conditions.

While waiting for the final processing of the petition, all foreigners who hold a CPLR status must remain in a valid status even if it is not approved before the two year timeframe of the CPLR is up. CPLR is generally extended in one year timespans if needed, or until the request to remove conditions is approved.

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