I am a primary EB-5 applicant whose re-entry permit got denied, even though I already gave my fingerprints. They said it is because me and my children were not physically present at the time. However, we were physically present and I can prove it, but I would like to know if there is any other way to do this than paying for an appeal? What are my options?
If you have documents and your I-94 arrival cards verify this, then you can ask USCIS to reopen sua sponte (on their own accord). You can even request an expedite based on service error but be sure you have the proof.
If your passports were stamped coming into the U.S. or if you have any other evidence of your admission and departure from the U.S. - this can be used as evidence.
I-290B with proof of your presence here when filed and when received by USCIS.
