How can we stay in the country while we appeal our EB-5 case to a federal immigration court? - EB5Investors.com

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

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It may be permissible to remain, but be prepared to leave immediately upon decision.

Raymond Lahoud

Raymond Lahoud

Find an EB-5 Visa Lawyer: 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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: 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.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Anthony Cummings

Anthony Cummings

Litigation Attorneys
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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