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How can an EB-5 conditional green card holder travel out of the U.S. after receiving a NOID?

I am an EB-5 regional center investor (conditional green card in 2015). I received a NOID earlier this year over a clear clerical/admin error so my I-829 is about to be denied. Some funds that are related to another EB-5 project were accidentally deposited into the regional center bank account, and subsequently were correctly transferred out. For this reason, USCIS sent a notice of intent to deny on the grounds of unclear flow of funds. The attorney of the regional center responded to the NOID with audited bank statements, but still received denials in other cases thus far. We have yet to receive the denial for our specific case, but expecting it to come. What is the implication of this on our traveling outside of the country? Will we receive a stamp? What type of documents should we have with us during the secondary inspection at the border? In the event that we were denied entry, what would be our best strategy?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Travel could certainly be risky if your case is denied while you are overseas.

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    Barbara Suri

    Immigration Attorney
    Answered on

    If your application is denied and vests during your absence from the U.S., chances are you will not be admitted upon your return. If you are in the U.S. when the denial vests, you may be able to file a motion to reopen or for reconsideration.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The best plan is not to travel, and if you have an NTA, be even more careful. While technically you can travel if you have a temporary stamp, and it would be a big mistake to travel abroad without one, best to resolve this before traveling.