No. Applicable immigrant admission or adjustment approval establishes conditional residence.
Maintain separate transaction and immigration records
Closing, petition approval and later removal of conditions are distinct events. A seller’s commercial schedule does not determine the government process.
If the family is inside the United States in another status, concurrent adjustment may be possible under the 2022 legislation when a number is available; if not, consular processing follows approval. Track two dates from the day conditional residence begins: the anniversary that opens the filing window, and the point at which the project must be far enough along for the evidence to exist. The family should retain lawful source-and-path evidence for the required capital and understand that residence is conditional for two years and Form I-829 must be filed during the 90-day period immediately preceding its second anniversary. The family should calendar the filing window from the admission date on the resident card and keep the receipt notice with travel documents; the window is not measured from the investment transfer or business opening.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- USCIS — investor removal-of-conditions instructions and qualifying employment
- EB-5 investor participation — 8 CFR 204.6(j)(5)
- 8 USC 1153 — current EB-5 investment amounts and jobs