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Questions & Answers

What happens if the I-829 petition is denied?

In case an EB-5 investor receives conditional green card approval, but then the I-829 is denied, what are the next steps? What happens to the investor and his family? What can he do if his children are attending a U.S. school at the time of I-829 denial?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    If the I-829 is denied, you can file an appeal. The advice of an experienced EB-5 immigration attorney is essential.

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    John J Downey

    Immigration Attorney
    Answered on

    It will all depend on the reason for the rejection; you can appeal the decision. If, for example, the project went bankrupt due to fraud on the part of the developer, you may have recourse. Again, it will depend on the circumstances. I believe you may remain while the appeal is pending, but should this happen, check with your local USCIS office.

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    Ian E Scott

    Immigration Attorney
    Answered on

    If the I-829 is denied, this means that the conditions on your green card will not be removed. As such, you have to find another visa option for you and your children.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The case will then be put in immigration proceedings where you will have another chance to convince the judge to approve the I-829. If not approvable, as the jobs were not created or the project fell apart, then you will need to look for another immigration status for everyone.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If an I-829 is denied, generally one will have the opportunity to appeal or refile in removal proceedings before an immigration judge. You should consult an experienced EB-5 immigration attorney to review your case and advise you.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    This is why the investor must choose the right investment vehicle (regional center) carefully to check their approval track records. There are too many new regional centers that have only had I-526s approved, but have no I-829 approval track record. If your I-829 is denied, and hopefully your regional center will return your money to you, you need to reinvest in another regional center and file the I-526 right away. Although you may have to go through the removal proceedings (deportation proceedings), an experienced immigration attorney will be able to guide you through this while keeping your family here.

  • Avatar

    Sufen Hilf

    Immigration Attorney
    Answered on

    Your case will be referred to Immigration Court. You will receive a Notice to Appear before going to the court for a hearing. You do have a second chance to fight your case in front of an immigration judge. If denied by an immigration judge, you can appeal your case further.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There are administrative remedies to appeal the decision, but if those actions also fail, you would have to refile an I-526 petition with a new investment. You would also have to leave the United States. This highlights the importance of retaining EB-5 attorneys to review the EB-5 project for immigration matters before making an investment.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You will be placed in removal proceedings. You can refile a new I-526 now.

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