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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

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    Stephen Berman

    Immigration Attorney
    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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    Lynne Feldman

    Immigration Attorney
    Answered on

    Check with your removal counsel.

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    Bernard P Wolfsdorf

    Immigration Attorney
    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.