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FRENCH RIVER · EB-5 FIELD GUIDE

Does the loan’s two-year term determine the I-829 filing date?

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THE DIRECT ANSWER

No. The residence milestone governs the usual I-829 window, not the lender’s payment schedule.

Keep separate contractual and immigration calendars

Conditional residence begins with immigrant admission or adjustment approval. I-829 is generally filed during the 90 days before the second anniversary of conditional residence. A loan maturity date neither removes those conditions nor compels a qualifying project distribution. Plan using actual case events without treating petition approval as residence or current work permission.

Working backwards, the evidence-gathering should start well before the window opens, because obtaining employment records and financial statements from a third party takes time and the project may be dealing with many investors at once. A closing deadline set by a promoter is a commercial device, not an immigration requirement, and hurrying the one stage an investor fully controls rarely improves anything, since petition adjudication, visa availability, and later stages carry no fixed dates. The condition deciding which queue applies deserves plain statement: chargeability generally follows country of birth, so Canadian residence or a Canadian passport does not by itself place you in a particular queue.