Which relief applies to EB-5 investors who have had their I-829 denied? - EB5Investors.com

Which relief applies to EB-5 investors who have had their I-829 denied?

I understand that LPR cancellation refers to Cancellation of Removal for Permanent Residents, but does this mean that EB-5 investors are disqualified since they are conditional residents? Could you please share the experience if you have assisted a client with an application for cancellation of removal?

Answers

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

Cancellation of Removal is a defense used in immigrant court. You need a consultation appointment with an immigration attorney who handles removal cases.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

I do not handle these but they can only be applied for in removal proceedings.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Here are the requirements for LPR cancellation of removal. To qualify for this benefit, you must establish in a hearing before an Immigration Judge that: A. You have been a permanent resident for at least five (5) years; B. You have at least seven (7) years continuous residence in the United States after having been lawfully admitted in any status prior to service of the Notice to Appear, or prior to committing a criminal or related offense referred to in sections 212(a)(2) and 237(1)(2) of the INA, or prior to committing a security or related offense referred to in section 237(1)(4) of the INA; and C. You have not been convicted of an aggravated felony.

Daniel B Lundy

Daniel B Lundy

Immigration Attorneys
Answered on

If you meet the seven years of physical presence and five years of permanent residence, you should qualify for cancellation of removal. However, there is no case law that I have found that specifically grants cancellation to someone with a denied I-829, so our experience is that it is likely you will have to fight to establish eligibility with the judge and government attorney.

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