My mother and I hold EB-5 conditional green cards now with filed I-829 in process. My mother is the main petitioner, and I am her beneficiary. Unfortunately, our investment failed due to fraud so a denial of our I-829 is inevitable. I am wondering, after the denial, will I be able to respond to the Notice to Appeal, attend the immigration court and do a “Cancellation of Removal for Lawful Permanent Residents” defense by myself as the beneficiary? Asking this because my mother will give up her green card. What are my options?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyAs a lawful conditional resident, you will be eligible to challenge your removal in removal hearing and apply for cancellation if you meet the criteria. It would be better if your mother stayed but it is not required for you to apply for cancellation.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou need to consult an attorney focusing on removal and cancellation cases. Will you have the requisite ten years in the U.S. and a qualifying relative?
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you have been in the U.S. for ten years before you are put in removal proceedings, and you have a USC or LPR spouse, parent, or minor child, you may be able to file for cancellation of removal.
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