Removal of Conditional Residence for Investors

HQ 204.27-P

Subject: Removal Conditional Residence Status for Aliens Admitted as Conditional Resident Investors

Date: July 18, 1995

To: District Directors (including Foreign)
Service Center Directors
Officers in Charge
Regional Supervisory Examiners
Deputy Director, IOA, Glynco, GA
Deputy Director, IOA, Artesia, NM

On August 30, 1994, this office issued a policy memorandum concerning removal of conditional residence for aliens who immigrated under section 203(b)(5) of the Immigration and Nationality Act. Unless specifically stated in this memorandum, the policies set forth in the August 30, 1994 memorandum remain in effect.

Since immigrant investors began filing Form I-829, Petition by Entrepreneur to Remove the Conditions, in 1994, the Service has encountered a number of problems in processing and adjudicating Form I-829 petitions. In response to these problems, some changes in the processing of the Form I-829 petitions are necessary.

Upon receipt of Form I-829 at a service center, the adjudicator will no longer assign a fraud level in the Marriage Fraud Amendment System (MFAS). If the petition is clearly approvable based on the evidence submitted, the service center should approve the petition and update MFAS. If the petition is not clearly approvable, the adjudicator should request any required additional information from the applicant. Upon receipt of additional information, the adjudicator should approve the petition if he or she determines that the applicant meets the conditions. If the adjudicator determines that the petitioner has not met the conditions or if fraud is suspected, he or she must refer the case for an interview at the district or suboffice nearest the new commercial enterprise.

When referring the case for interview, the adjudicator should state, in writing, why the petition is deficient. The Form I-829 petition should be referred directly to the Assistant District Director for Examinations or the Officer-in-Charge, in the case of suboffice, to set up an interview. In the case of a petition referred for an interview, the service center adjudicator should indicate "HOLD-other" in the MFAS system, without scheduling an interview in IDEC. The local office shall send a notice of interview to the applicant manually and update MFAS with the preferred date and time of the interview. The interviewing adjudicator must allow the applicant the opportunity to address the concerns raised by the service center. If district or suboffice determines that the alien has met these concerns, the Form I-829 should be approved and MFAS updated. If these concerns have not been met, the petition should be denied and MFAS updated.

If there are any questions regarding this instruction, please contact Michael Straus, HQADN at 202/514-3228.

T. Alexander Aleinikoff
Acting Executive Associate Commissioner