Is it risky to travel overseas for an EB-5 investor before our NTA date? - EB5Investors.com

Is it risky to travel overseas for an EB-5 investor before our NTA date?

My family”s I-829 recently got denied and we got a NTA (notice to appear letter) for next year. Our current I-551 stamp is still valid. Is it risky to travel with valid/unexpired I-551 before a NTA scheduled date at the immigration court? What are our options?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

While technically you can travel, be cautious because you may have trouble boarding and when entering, you will definitely be sent to secondary inspection. Note that when issuing an NTA, they can technically detain you as an arriving alien.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Check with your removal counsel.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

First you must determine if the immigration court has jurisdiction to grant the I-829. If they do not, then you must determine if leaving the U.S. will be self-deporting. Those are interesting questions that you should ask your lawyer.

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