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What happens if my I-829 does not get approved?

I filed my own I-829 and it has been almost 7 months. Does this mean I have been denied or will they ask for more information or an interview with me? What will happen if I am denied, does that mean I will be deported definitely or that I will just not be a permanent resident yet?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Your I-829 petition is still in process. USCIS may send you a Request for Evidence if additional information is needed. If your petition is denied, you will be placed in removal proceedings. You will have the opportunity to appeal.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The fact that your I-829 has been pending for seven months does not mean that it has been or will be denied. The fact that you filed it on your own does indicates a possibility the USCIS will request additional evidence. I-829 petition filings are complex and it is best to retain an experienced EB-5 immigration attorney. You can still do this and get the benefit of the attorney''s advice. He or she can review what you filed and suggest possible steps to take in anticipation of the request for evidence. While your I-829 is pending, you remain in lawful status. If the I-829 is ultimately denied, you will have the option to appeal, file a motion to reopen or reconsider, or to renew/refile your I-829 petition in removal proceedings, should the USCIS initiate such proceedings.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    If your I-829 is denied, you will have an opportunity to appeal. But, if ultimately denied, you will be placed in removal proceedings.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Currently, USCIS is processing I-829s that were received on May 16, 2012. The fact that there is a delay does not mean that you case has been denied. There is a serious backlog and also USCIS is moving the EB-5 unit from the California Service Center to Washington D.C. to improve this backlog. In reference to your question about denial, you would have to wait to find out the reason for the denial in order to determine if it is appealable. If you have any other questions, please do not hesitate to contact me.

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    Denyse Sabagh

    Immigration Attorney
    Answered on

    It it still in process. You will get a Request for Evidence if the Immigration Service needs additional information.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If your I-829 Petition to remove permanent residence is not approved, your permanent residence status will be terminated and a Removal Proceeding will then take place, unless you voluntarily depart the U.S. before that happens. However, in your case, the I-829 Petition is still pending (not unusual for it to be taking longer than 7 months for USCIS to adjudicate). So no need to panic just yet.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Currently, USCIS is showing that they are reviewing I-829 applications that were filed on or before May 2012. Thus, your I-829 that was filed 7 months ago probably is still in cue to be reviewed. If that application is denied, your conditional permanent residency has expired and you do not have any other status to legally remain in the U.S. Depending on which Regional Center in which you invested your money to get your conditional green card and your immigration attorney who has help you with I-526, they may have some alternatives you could explore in case of denial.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    No, the mere fact you are waiting 7 months does not mean you have been denied. It simply means that the USCIS is taking a long to time to process the application. If you are denied you will receive it, the denial, in writing. Once denied you have a limited time to leave the U.S. unless you can get your status changed allowing you to remain here.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    If your I-829 is denied, USCIS may place you (and your immediate relatives in conditional resident status) in deportation proceedings. You may make your case for removal of conditions on residence again before an immigration judge.

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    Joseph Best

    Immigration Attorney
    Answered on

    Arguably the petition to remove conditions on your residency is the most important step in the EB-5 process. So hopefully the petition was meticulously prepared and abundantly substantiated by solid hard verifiably good evidence that you have met all the eligibility criteria in the program.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    The current USCIS processing times for I-829 applications is roughly 14 months. At 7 months, it is unlikely that your file has even been glanced at by an adjudicator. With regard to your particular question, without knowing more details, it is hard to predict what the outcome of the case would be. If you filed your own I-829 application without the aid of an immigration attorney, I would be curious to learn what evidence you used to demonstrate job creation. If USCIS finds something amiss in your application, you will receive an RFE and that would be an appropriate time to get an immigration attorney involved in your case. If the petition is denied, you will have the opportunity to appeal or perhaps, even renew your petition in the removal proceedings (if such proceedings are in fact instituted).

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    Michael E Piston

    Immigration Attorney
    Answered on

    CIS''s failure to act does not mean you will be denied - it just means it hasn''t responded yet. Currently the USCIS is taking at least 15 months to decide forms I-829. If your I-829 is denied you should be issued a notice to appear before an Immigration Judge. At that time you can ask the Immigration Judge to approve your I-829. If the Judge denies your I-829 he will order you deported and you can appeal that decision to the Board of Immigration Appeals. If the Board upholds the Judge''s decision you can file a petition for review with a U.S. Court of Appeals. If the Court uphold the Board''s decision, you can ask the Supreme Court to review your case but it probably won''t, and so you will probably be removed.

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