Unfortunately, our EB-5 investment failed due to fraud so a denial of our I-829 is inevitable. How can I improve my chances for Cancellation of Removal for Lawful Permanent Residents? Is there any relief for innocent investors who left their home country and have been in the US for 6-7 years? What are the criteria to file for cancellation of removal after I-829 denial?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe requirements are available on the justice.gov website, but ten years is required not 6-7 (EOIR-42B - Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents).
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyFraud does not necessarily mean that I-829 denial before an Immigration Judge is inevitable. Procedure plays a big part in removal proceedings; make sure you have solid representation. Cancellation of removal is just that - your removal will be cancelled and you will be in limbo without any status in the US. What is your game plan?
Robert V Cornish Jr
Securities AttorneysGear up and make sure your immigration attorney is on board with handling a response to the denial. If not, find an immigration attorney who can do so and sees merit in your appeal. There is some protection for investors who have been the subject of fraud, but here too you will need an immigration attorney independent of the project sponsor to file relief under this.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe requirement is 10 years lawful permanent resident status and a USC or LPR spouse or parent.
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