+1-800-997-1228
Questions & Answers

What is the risk of preparing my own I-829 petition?

I am looking to log a straight forward I-829 petition form (and the supporting documents- I-829 to remove conditions of green card, for a family of four-2 adults & 2 children at school). What is the risk of doing it myself without the help of an attorney?

Answers

  • Avatar

    Lei Jiang

    Immigration Attorney
    Answered on

    You do not have the training and expertise. You could mess it up.

  • Avatar

    Joseph Best

    Immigration Attorney
    Answered on

    The risk is that you will fail of course to get it approved and render any further future petition more difficult to get approved based on the past denial. These are complicated and frankly without the ability to read and understand the statutes, regulations and case law, you will have a hard time getting an approval or knowing how to tackle issues as they arise.

  • Avatar

    Roberto Ortiz

    Immigration Attorney
    Answered on

    The risk of you filing an I-829 on your own is the possibility of receiving a request for additional evidence from USCIS because you did not submit all the documentation that USCIS wanted to see. Attorneys in this field have the experience and expertise of filing these applications everyday and know what documentation is required to obtain an approval.

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    No one needs to go to an attorney for any matter. However as with every decision there is a risk to reward ration. Saving a few thousand on legal fees is a small price to pay for the security it provides you. Having resettled yourself and your family from another country, invested between $500,000 to $1,000,000 and gone through years of waiting for this moment, it is not prudent to take such a large risk for such a small reward. If you make a mistake that results in a denial, you will have endured this process and be left with nothing to show for it. Having an experienced and competent attorney file you I-829 is highly advised.

  • Avatar

    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    In many ways, the I-829 is as complicated as the initial I-526 application. The risk is denial of your application and loss of your permanent resident status. As with the I-526 itself, while the form may seem easy enough to complete, there is a body of regulations and case law that control the adjudications. Because of this, working with an immigration attorney who is experienced in EB-5 filings is advisable.

  • Avatar

    Mark Kowalewski

    Immigration Attorney
    Answered on

    An investor can be deported under INA 237(a)(1)(D)(i), 8 U.S.C. 1227(a)(1)(D)(i), if status is terminated. If status is terminated because USCIS, during 2-year CR period or after an interview at the end of the 2-year period, finds the applicant ineligible, the burden is on the USCIS by a preponderance of the evidence. INA 216A(b)(2), (c)(3)(D). However, if the investor fails to appear without valid cause at the interview, or fails to file a petition removing conditions, the burden is on the investor to establish eligibility. INA 216A(c)(2)(B). When the plumbing goes out in my home, I call a plumber.

  • Avatar

    Echo Meisheng King

    Immigration Attorney
    Answered on

    The ultimate risk is that you and your family may lose permanent resident status and will face removal if the I-829 is denied.

  • Avatar

    Jor Law

    RC Creator
    Answered on

    I''ll imagine the immigration attorneys will have strong responses to this one. Not being an immigration attorney, let me answer with the thought that after one has gotten so far that he or she is close to the finish line, it would be quite unfortunate if they were denied due to an error that a professional wouldn''t have made.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    The API actions have many sophisticated elements well beyond the forms. You have made a substantial investment in money and your family. Please hire qualified legal counsel.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    It is highly recommended you engage the legal services of an experienced immigration attorney. It is generally more costly to correct mistakes rather than avoid them. Do not hesitate to contact our office should you need further assistance.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    The I-829 petition is not less complicated than the I-526 petition. It is also a key step for you and your family to obtain the permanent green cards. If the I-829 is denied, you and your family will have to leave the U.S. I do not think it is worthwhile to risk your green card to save several thousands of dollars considering $1,000,000 or $500,000 has been invested.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The risk of doing any immigration petition without the assistance of an attorney is that the petition/application form does not always give you all the nuance of policies or regulations that went behind developing those forms. Unless you know what other supporting documents that must be submitted with those forms, including but not limited to job creation proof of the EB-5 investment, your case could be denied.

  • Avatar

    Margo Chernysheva

    Immigration Attorney
    Answered on

    The only risk is as with everything else you hire a specialist to do: quality and knowledge.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    The main risk is delay or denial if you don''t include the minimal evidence for a filing. Since the filing fee is so high that is a serious risk.

  • Avatar

    Karen Weinstock

    Immigration Attorney
    Answered on

    If you do it yourself you increase the chances of you getting denied. Do you really want to risk it?

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You are asking a bunch of attorneys whether it is okay to file without an attorney? I would venture that 100% will advise you that the answer is no, and that you should use an attorney. In all seriousness, the preparation, filing and follow up of an I-829 petition can be one of the most complex matters in all of immigration law; you should retain an experienced immigration attorney if you want it done correctly. Otherwise, you are risking your permanent resident status and that status of your family members. Not worth the risk in my opinion.

  • Avatar

    Rachel Lew

    Immigration Attorney
    Answered on

    There are always risks involved when either you or an immigration attorney prepares the filing of an I-829 petition. But if you are going to prepare it yourself, USCIS''s adjudication training manual has good statutory references that you can check out. IIUSA Doc #0012012 via FOIA (Pub: 2/24/12)-www.iiusa.org.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    Filing an I-829 is a very technical process. You need to be update with the current laws and constantly changing requirements. While you can certainly attempt to complete it yourself, it can create unnecessary delays and issues.

  • Avatar

    Mona Shah

    Immigration Attorney
    Answered on

    I-829''s can be very tricky. I would highly recommend that you utilize an attorney. It is certainly not worth the risk of a denial.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. I would compare it to extracting your own teeth: theoretically, this can be done, but it will be much more painful and the possibility of infection is much greater than if you did it at a professional dentist''s office.

  • Avatar

    Neville M Leslie

    Immigration Attorney
    Answered on

    You risk doing something wrong, and a year later your application is denied.

  • Avatar

    Ali Farahmand

    Immigration Attorney
    Answered on

    This would be a big mistake. I urge you to contact an attorney to assist you. The I-829 application process is very complicated and will require numerous evidentiary documents without which your case can be denied. An experienced attorney can make sure that your application is filed properly and on time in order to get approved your first shot.

  • Avatar

    Emre Ozgu

    Immigration Attorney
    Answered on

    If you don''t file it properly (if for some reason it gets rejected or is deficient), you miss the 90 day window that the registration requires it be filed by and your permanent status will be terminated.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.