This the type of question needs to be answered by an experienced EB-5 attorney. As you are aware the filing of the I-829 application occurs immediately before the two year anniversary of the termination of the conditional permanent residency. It is advisable for the applicants to all be physically present in the U.S. at the time of filing the I-829 application.Once the receipt is received then the applicants can depart the U.S. and return. Upon the approval of the I-829 the permanent residency cards will be issued and sent to the applicants.
The I-829, like the I-526, is filed by the principal investor (in this case, your mother) and must show the investment has been sustained and that the required number of jobs has been created. Derivative beneficiaries (you) will benefit from an approval of the I-829 as you did for the I-526. Please note, however, that not residing in the U.S. may case some issues, which is why we recommend retaining experienced U.S. Immigration counsel, like the attorneys at our law firm, to assist you with your U.S. immigration plans and goals.