I just received my I-829 denial letter today due to fraud in the project. My wife currently holds an H-1B visa and she will submit her I-485 very soon. Could I use a dependant in her I-485 without getting my H-4? I don’t want to leave the U.S. as I am not sure if I will get approved and cannot leave my three kids, who are US citizens. What else can I do to adjust my status in the US? Should I appeal the denial? Should I take this to court?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf you can get an H-4 abroad and be included in her new application to adjust, that may be your best option.
Lynne Feldman
EB-5 Immigration attorneysUnfortunately to get back in status and be able to adjust with your wife you will need to file an H-4 and leave the U.S. before too much unlawful presence is accrued. You may also want to consult counsel about a lawsuit against the project.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysYou don't have to get H4 to file I-485 based on your spouse's I140, however, specific legal procedures should be followed. If you don't need the residence through EB-5, don't bother with the removal proceedings. Do discuss this with your attorney as there are several aspects of your status that need to be addressed.
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