Petition by Entrepreneur to Remove Conditions

[I-829, Petition by Entrepreneur to Remove Conditions]

IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:

Purpose of Form :

For a conditional permanent resident who obtained such status through entrepreneurship to remove the conditions on his or her residence.

Number of Pages :


Edition Date :

10/26/05. Prior versions acceptable.

Where to File :

To view instructions on Where to File, go to the Special Instructions section on this page.

Filing Fee :


Special Instructions :

Note on Where to File :

If the new commercial enterprise is located, or will principally be doing business in AK, AZ, CA, CO, GU, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, or WY, mail the petition to the California Service Center.

If the new commercial enterprise is located, or will principally be doing business in any state not listed above, mail the petition to Texas Service Center.

Download I-829 (189KB PDF)

Department of Homeland Security
U. S. Citizenship and Immigration Services
OMBNo. 1615-0045; Expires 05/31/09
I-829, Petition by Entrepreneur to Remove Conditions

Purpose of This Form.

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. USCIS is comprised of offices of the former Immigration and Naturalization Service.

Who May File.

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

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 Filing Instructions.

Please answer all questions by typing or clearly printing in black ink. Indicate that an item is not applicable with “N/A.” If an answer is “none,” write “none.” If you need extra space to answer any item, attach a sheet of paper with your name and your Alien Registration Number (A#), and indicate the number and item of your response. You must file your petition with the required initial evidence. Your petition must be properly signed and accompanied by the correct fee. If you are under 14 years of age, your parent or guardian may sign the petition on your behalf.

Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator’s certification that he or she is competent to translate the foreign language into English.

If these instructions state that a copy of a document may be filed with this petition and you choose to send us the original, we may keep that original for our records.

Initial Evidence.

Permanent Resident Card (Form I-551).

You must file your petition with:

  • A copy of your Permanent Resident Card and, if applicable.
  • 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.

The conditional resident filing this petition must submit two standard passport-style photographs of him or herself taken within 30 days of submission of the petition. The photos should be 2×2 inches in size and have a white background. The photos should be glossy and not retouched or mounted. The dimension of the facial image should be about 1 inch to 1 3/8 inches from the chin to the top of the hair in a full frontal view. Using a pencil or felt pen, lightly print your name and Alien Registration Number (A#) on the back of the photographs.

Evidence of the Commercial Enterprise.
Submit the following types of evidence with your petition: (Please label each type of evidence.)

  • Evidence that you established a commercial enterprise. Such evidence includes, but is not limited to, federal tax returns;
  • 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
  • Evidence that you sustained your enterprise and your investment in that business throughout your period of conditional permanent residence. Examples of such evidence include: – Invoices and receipts, – Bank statements, – Contracts, – Business licenses, and – Federal or state income tax returns or quarterly tax statements.
  • 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: – Payroll records, – Relevant tax documents, and – Forms I-9.

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

  • Your spouse’s permanent resident card;
  • Your spouse’s death certificate, and
  • Evidence that the conditions set forth above in “Evidence of the Commercial Enterprise” have been met.

When to File.

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.

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.

Where to File.

If the new commercial enterprise is located or will be doing business principally in Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Mississippi, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, North Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, Vermont, U.S. Virgin Islands, Virginia or West Virginia, mail the petition to:

USCIS Texas Service Center
P.O. Box 852135
Mesquite,TX 75185-2135

If the new commercial enterprise is located or will be doing business principally in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming, mail the petition to:

USCIS California Service Center
P.O. Box 10526
Laguna Niguel, CA 92607-0526

What Is the Fee?

The fee for filing this petition is $475.00.

The fee must be submitted in the exact amount. It cannot be refunded. Do not mail cash.

All checks and money orders must be drawn on a bank or other institution located in the United States and must be payable in United States currency. The check or money order should be made payable to the Department of Homeland Security, unless:

  • If you live in Guam, make your check or money order payable to the “Treasurer, Guam.”
  • If you live in the U.S. Virgin Islands, make your check or money order payable to the “Commissioner of Finance of the Virgin Islands.”

Do not use the initials USDHS or DHS on your check or money order.

Checks are accepted subject to collection. An uncollected check will render the application and any document issued invalid. A charge of $30.00 will be imposed if a check in payment of a fee is not honored by the bank on which it is drawn.

How to Check If the Fee Is Correct.

The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below:

  • Visit our website at and scroll down to “Forms and E-Filing” to check the appropriate fee, or
  • Review the Fee Schedule included in your form package, if you called us to request the form, or
  • Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.

Processing Information.


Any petition that is not signed or accompanied by the correct fee will be rejected with a notice that the petition is deficient. You may correct the deficiency and resubmit the petition. A petition is not considered properly filed until accepted by USCIS.

Initial processing.

Once a petition has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form or file it without the required initial evidence, you will not establish a basis for eligibility and we may deny your petition.

Requests for more information or interview.

We may request more information or evidence or 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.


You will be advised in writing of the decision on your petition.


If you knowingly and willfully falsify or concede a material fact or submit a false document with this request, we will deny the benefit you are seeking and may deny any other immigration benefit. 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 you are seeking. Our legal right to ask for this information is in 8 USC 1184, 1255 and 1258. Failure to provide this information and any requested evidence may delay a final decision or result in denial of your request.

All the information provided on this form, including addresses, is protected by the Privacy Act and the Freedom of Information Act. This information may be released to another government agency. However, the information will not be released in any form whatsoever to a third party who requests it without a court order or without your written consent, or in the case of a child, the written consent of the parent or legal guardian who filed the form on the child’s behalf.

USCIS Forms and Information.

To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations or procedures by calling our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www.uscis. gov.

Use InfoPass to Make an Appointment.

As an alternative 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 at 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. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.

Paperwork Reduction Act Notice.

A person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We try to create forms and instructions that are accurate, can be easily understood and that impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.

The estimated average time to complete and file this application is as follows: (1) 15 minutes to learn about the law and form; (2) 15 minutes to complete the form; and (3) 35 minutes to assemble and file the petition; for a total estimated average of 1 hour and 5 minutes per petition.

If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N. W., Washington, DC 20529; OMB No. 1615-0045. Do not mail your completed petition to this address.