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?
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.
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.
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.
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.
