Removal of Conditional Status on an Investment Visa

Some immigrants who obtain a visa to enter the United States obtain their visas with conditions placed on it; also known as a “Conditional Status” visa. For a foreign investor, often the visa he or she obtains is only valid for 2 years and cannot be renewed. The investor must file a petition to remove that condition or possibly face losing their lawful status. In order to remove the status, the investor must file the proper forms within the 90 window prior to his or her 2-year anniversary. After the investor files, USCIS will determine if the condition will be removed. USCIS will review the investor's file, determine if the investor invested the required funds in a “new commercial enterprise” and if the full time-job creation requirement was met.

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