As an EB-5 investor, I received my conditional green card seven months ago. Initially, I planned to stay abroad for a prolonged period, but not exceeding six months, so I submitted a re-entry permit application on February 5. The delivery company’s records indicate that USCIS received the application on February 6, and I departed the country on February 7. However, I received a denial notice from USCIS yesterday, stating that the application was filed on February 9, when I was no longer in the U.S. How can I appeal this decision?
Answers
Lynne Feldman
EB-5 Immigration attorneysI-290B but when you filed didn’t matter. It is when it was received by USCIS so you likely need to come back and re-file next time you are in the U.S. and don’t stay abroad more than a year.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIf you have a proof of delivery from a courier confirming that they delivery was on the day before your left, you may consider a motion to re-open the case.
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