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RURAL MUNICIPALITY OF ST. CLEMENTS · EB-5 FIELD GUIDE

Does ownership transfer start conditional residence?

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THE DIRECT ANSWER

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.