How can I remain in the U.S. after withdrawing my I-829 application due to EB-5 project failure? - EB5Investors.com

How can I remain in the U.S. after withdrawing my I-829 application due to EB-5 project failure?

I am planning to withdraw my I-829 application, which has been pending for 4 years, because the EB-5 project failed and all the investors before me got rejected. I live in the U.S. and do not have any other immigrant or non-immigrant visas, except the conditional green card. I have EB-1 I-140 approved, and would like to file I-485. Do I lose my legal status the moment I withdraw the I-829 application, and have to leave the U.S. right away? Can I apply for a B visa in the U.S.?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

If you withdraw your I-829 you are pulling the rug from under your feet. In order to file another employment based adjustment, you generally need to be in valid nonimmigrant status, and it is impossible to get another B-2 visa while in the US. The safest way to do this is to consular process your I-140 and pick up a new green card abroad and surrender the green card using the current USCIS surrendering process. It is not clear that even withdrawing the I-829 terminates your permanent residence unless you follow designated USCIS procedures to surrender your green card.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Unless you are able to deploy funds to another project, withdrawal of the I-829 will leave you without U.S. status. So yes, you need to leave and enter on a new nonimmigrant status to return.

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