What are my options to stay in the U.S. as an EB-5 investor whose I-829 is denied?

After USCIS denies your I-829 petition, you will receive a notice to appear before an immigration judge for removal proceedings. During the removal proceedings before the immigration judge, you can contest the government case seeking your removal from the U.S. and you can raise any applicable defenses.

Although an I-829 is denied, you continue to be a permanent resident. What you need to do is have the EB-1C petition sent abroad and then surrender your green card status immediately prior to the new green card interview at the consulate. We have successfully adjusted people from failed I-829 but we let the conditional green card status lapse by not filing the I-829, and then we file an adjustment in the U.S. But this only appears doable if based on an immediate relative petition, that is via marriage to a U.S. citizen under Matter of Stockwell. Complicated procedure.

If the I-140 EB-1C was approved, we can have you abandon the conditional green card and re-file I-485 provided your nonimmigrant status is not more than 180 days lapsed. Suggest a consult to sort all these facts out and advise. Redeploying your fund to another project is also an option.