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Questions and Answers > EB-5 Investments

What is the process if our EB-5 I-829 is denied?

Our I-829 is likely to be denied. How long can we stay in the US after we receive the notice of denial? Will the I-551 stamp be invalid immediately right after the USCIS deny our I-829 application?

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Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you believe it will legitimately be denied, probably not worth renewing in immigration proceedings but looking for other options if you wish to remain here.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You may be able to renew it at the immigration court, in which case you will be entitled to evidence of your lawful permanent resident status until there is a decision on your application.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You will continue to be eligible for I-551 stamps until a judge orders you removed.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your I-829 is denied, you remain a permanent resident until such time as a Judge orders you removed. You can even get a new temporary travel stamp although in some places it is hard because some officers are not familiar with these complex rules. This can take years, and in some instances, the court may not move on removal proceedings since current priorities are to mainly remove criminal aliens and other visa violators.