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NIAGARA FALLS · EB-5 FIELD GUIDE

Does a return trip restart the I-829 period?

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THE DIRECT ANSWER

Do not assume ordinary travel resets the conditional-residence anniversary. Use the actual record establishing residence and obtain advice on individual travel or status questions.

Track the genuine statutory stage

I-829 generally belongs in the 90 days before the second anniversary of conditional residence. A revised itinerary does not replace that evidence or make filing an automatic removal of conditions.

Residence follows only when the petition is approved and either an immigrant visa is issued abroad or adjustment of status is granted to someone already lawfully in the United States. Material changes to the business after the initial petition, such as moving from cider to distilled spirits, are assessed under USCIS policy, which is more tolerant of change after conditional residence begins than before. After the money trail is coherent, test the investment independently: the required capital must remain exposed to loss for the required period, the enterprise must create the required jobs, and residence begins conditionally only after the applicable immigrant-visa admission or adjustment.