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VERCHÈRES · EB-5 FIELD GUIDE

Does visa issuance start the two years of conditional residence while I remain in Canada?

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THE DIRECT ANSWER

No. For the immigrant-visa route, conditional residence starts at the applicable immigrant admission, not issuance while abroad. Adjustment approval is the separate applicable event for an eligible adjustment case.

Record what occurred rather than the intended departure

Use the actual immigration record for the I-829 window, generally the 90 days before the second anniversary. Neither the project’s opening nor an unused travel booking begins that period.

The investor petition, visa availability, and conditional residence are distinct milestones. Conditional permanent residence is not the final removal of conditions. Calendar investment evidence, the immigrant-visa or adjustment step, and Form I-829.

An applicant who has not yet sold the house cannot show the capital, and a pension election that is merely intended does not exist as a source. Visa issuance is not a record of admission; the visa is only a travel document that lets the holder seek entry. The entry itself is the event CBP records with an admission date and an immigrant admission stamp in the passport, and that admission date — not the date printed on the visa or the date the visa was picked up abroad — starts the conditional-residence period in an immigrant-visa case. In an adjustment case, the controlling record is instead the date USCIS approves the adjustment application. Retain the evidence of whichever event actually occurred, the stamped passport for entry or the approval notice for adjustment, because that record is used later to calculate the Form I-829 filing window, not a travel itinerary or the visa's own validity dates.