What are the alternative ways of getting a green card if the EB-5 I-829 is denied? - EB5Investors.com

What are the alternative ways of getting a green card if the EB-5 I-829 is denied?

We have been in the U.S. for 7 years and we hold EB-5 conditional green cards. Since 2020, the I-829s of many investors in my project have been denied. They all requested USCIS to reopen but have not heard back. I know my I-829 might also be denied in the future, and I might have to also reopen. As we only have our EB-5 conditional green cards now, what should we do to stay in the U.S. if our motion to reopen fails? Is there any other way for me and my family to get a green card, or should I prepare a plan B in advance?

Answers

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

In general, there are multiple ways for a foreign national to obtain U.S. permanent residence status. You need a consultation appointment with an immigration attorney. During the consultation appointment, the immigration attorney will assess whether there is a viable option for you and your family to obtain U.S. permanent residence status.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

There are many alternatives—you can do a new EB-5 investment and start again. But you may be able to pursue many of the nonimmigrant alternatives such as H-1B and possibly an O-1 or E-2, depending on the facts. Then you can explore the other employment-based categories such as EB-2 or EB-3. Finally, even if your I-829 is denied, you are still a permanent resident unless and until an Immigration Judge upholds the finding. There are many other options. Even the green card lottery could result in the issuance of a new green card, although in most cases you will need to apply abroad at a U.S. consulate.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

We can advise on a Plan B – labor certification through an employer sponsor, redeploying funds to another project, etc.

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