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Can the child of an EB-5 investor remain in school even if I-829 is not approved?

After my family and I obtain a conditional green card, I would like for my child to attend a school in the United States. If my I-829 is not approved at the end of the application process, will my child be able to remain in school in the United States?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    A denial of your I-826 will result in the termination of your legal status and will enter you in removal proceedings. Your child may remain in school in the United States if he/she receives an approved F-1. Please consult an immigration attorney to discuss other possible options.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    The answer to your question would depend on the reasons for the denial. However, if your I-829 is denied and you want your child to continue studying, the best thing would be to get an I-20 and apply for a F-1 visa abroad so your child can continue studying. If you have any other questions, please do not hesitate to contact me.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Your child would be able to remain in such a case, but subject to visa approval. If the I-829 is denied, your child would be able to remain if a student visa were to be issued. However, there may be an issue as immigrant intent will have been established. More detailed advice should be sought before making any application(s).

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If your I-829 is not approved at the end of the application process, your child may not be able to remain in school in the U.S. The conditional green card only last for two years. It is not uncommon that the USCIS will likely notify you and your family (including the child attending school) to leave the U.S. as result of the denial of your I-829. However, In spite of this scenario, there are three (3) other opportunities to let your child attend a school in the U.S. The three opportunities or options are: 1) first, there is a possibility of filing a motion for reconsideration of the decision to deny which can take months; 2) second, you can go through the immigration court to defend against any effort to remove (or deport) the family which can take years. You can renew your application for I-829 before the Immigration Court. Under either option 1 or 2, a child may continue to attend school. (Note: some school districts/state school law may treat the denial of I-829 as if you are out of status. So check your local/state school district rules and regulations); and 3) lastly, if you are not going to pursue either option 1 or 2, consider moving to option 3, which is to seek and obtain a non-immigrant academic student visa, F-1 for your child. This may require that you prepare an F-1 visa application with the school, secure admission for your child and then the child may have to go back to your home country to obtain the visa in the U.S. Embassy/Consulate and then re-enter the U.S. With any of these 3 options there is always a chance you will have an option to fall back on in the event of an I-829 denial. If you need further information, feel free to consult our office.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If the only basis for your child''s status is the conditional permanent residence then no, he/she can not continue to stay in the United States or attend school. You may want to look for other options for him/her to attend school.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The I-829 process should remove the conditions of your conditional permanent residency for yourself and family members so that you may obtain unconditional permanent residency status and remain in the United States in legal residency status. However, if the I-829 is denied, you continue to pursue remedies and if there is an ultimate denial of the I-829, then this will result in yourself and all family members, including your children, to be out of status and therefore unable to remain in the United States. Before you start the EB-5 process, or alternatively during the EB-5 process of obtaining the initial presidency, it is imperative to seek the services of an experienced EB-5 attorney so that they may help you understand your options to continue to be legal in the United States.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the I-829 is denied, the person goes into deportation, but they can renew the application there. Scheduling deportation hearings can take years, and ordinarily the student can study, but it depends on the school, the district and the child''s age.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If I-829 is denied, then the status for you and your family ends. If that happens, the only way your child could remain in school is as an international student with F-1, which you must obtain. Please consult with your immigration lawyer.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    Yes. Your child can apply for a F-1 student visa and remain in the United States as a student. Whether or not he/she will be able to change status within the United States will depend on the time that you file the application. USCIS regulations require that a person be in status in order to change status. Also, your child will need to be able to prove that he/she has ties to the home country and that he/she intends to return at the end of the academic course.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as the I-829 has not been denied, then you and your child can continue in permanent residency status. Typically even if denied, it can be renewed in front of the judge. After final denial, the green card ends and you will need to depart and apply for a suitable nonimmigrant visa for your son. If you believe the I-829 will be denied for some reason you may want to start looking at alternative visa types sooner rather than later.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes. The I-829 receipt notice says that the conditional green card is extended for one year, and is work and travel authorized. Since the green card is valid until the I-829 is adjudicated, this would include authorization for going to school.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    If you are not able to remove conditions and remain a legal permanent resident, then to remain in the United States, you and your dependents will need to acquire another status.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    In a word, no. But perhaps the student can obtain an F-1 student visa. He or she would have to plan to attend a school that is approved by USCIS to issue I-20 student immigration forms.

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