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Questions and Answers > EB-5 Litigation

How can we stay in the country while we appeal our EB-5 case to a federal immigration court?

If our I-829 case gets denied again in immigration court and in appeal and we follow suit in federal court, do we have to leave the USA immediately or we can wait until the federal court decision?

Answers

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    If your petition to remove conditions is denied, you will be put into immigration court for the adjudication of your matter.

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    Anthony Cummings

    Litigation Attorney
    Answered on

    The better practice is to ask the federal court to grant an injunction that allows you to stay pending the litigation outcome.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Need to leave immediately and calculate your unlawful presence before you go.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The denial of an I-829 in court results in an order of removal, which may be appealed to the Board of Immigration Appeals. The good news is the denial by the Board of Immigration Appeals can be appealed through a petition for review in the circuit court of appeals.