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How can I stay in the US and continue to receive I-551 stamps when my I-829 was denied because of fraud?

Recently, our I-829 was denied due to a fraud by the Regional Center. The USCIS website states that persons with denied I-829 can still continue to receive I-551 stamps evidencing LPR status, until an order for removal becomes administratively final. My questions are: 1. Does it mean we can continue to receive the I-551 stamps and remain in the U.S. until the case is sorted out in removal proceedings in Immigration Court? 2. If I were to schedule an InfoPass for an I-551 stamp during this time, should I be worried that the phone operator will simply decline to schedule an appointment because the case status associated with the receipt number says "Denied"? What should I do if this occurs? 3. Will I need a litigation specialist in removal proceedings, when I seek relief or possibly appeal?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You should be entitled to obtain temporary evidence of permanent residence until removed by a judge but sometimes getting the stamp could be confusing. You will need a removal attorney with knowledge in EB-5 to argue your case in front of an immigration judge who will hear your case again. However, you may want to look at alternative options since ultimately you may not succeed.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Yes, you will be able to receive I-551 stamps once you renew your I-829 in immigration court. And yes, you will need a lawyer to represent you in immigration court. Most likely you will need a litigation + EB-5 lawyer as very few EB-5 lawyers have court experience, and both are essential for this case.

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    Shannon M Shepherd

    Immigration Attorney
    Answered on

    To briefly answer your questions: yes, you can continue to get I-551 stamps but also yes, you may have trouble getting an appointment scheduled. Ask for a supervisor if at first you do not succeed. And yes, you should definitely speak to someone who specifically handles immigration litigation to represent you in removal proceedings.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Bring the printout of the website with you and yes, you should have an experienced removal immigration attorney with you to contest to re-apply for the I-829 in proceedings.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    You must retain immigration counsel.