Skip to content
STONY PLAIN · EB-5 FIELD GUIDE

Does the family’s repayment anniversary begin the EB-5 conditional-residence period?

Sources checked:

THE DIRECT ANSWER

No. Conditional residence begins at immigrant admission or adjustment approval, not at a gift, loan or private repayment date.

Maintain two distinct calendars

I-829 is generally filed in the 90 days before conditional residence’s second anniversary. Keep the business and family financial obligations visible without using them to calculate the immigration window. Petition approval alone does not grant residence or work permission. Obtain an assessment of any capital withdrawal against the actual applicable sustainment and other requirements.

Review the appropriate petition route and current Visa Bulletin with counsel, including chargeability rather than assuming Canadian residence removes a queue. Check current processing information and the Visa Bulletin as relevant, and remember that removal of conditions remains a later required step even after conditional permanent residence is granted. Source-of-funds documentation, project due diligence, petition adjudication, visa availability, and consular or adjustment processing each take their own time, and none carries a guaranteed completion date. An investment’s proposed repayment schedule does not establish immigration timing or guarantee removal of conditions, and commercial delays should not be allowed to obscure a filing deadline. Maintain petition receipts, notices, visa-bulletin checks, identity records, medical-process instructions, travel history, and job-creation evidence appropriate to the case.