+1-800-997-1228
Questions & Answers

How can I appeal outside of the U.S. if my I-829 gets denied?

I am a conditional green card holder and have just submitted my I-829. Due to business management, I need to travel frequently in and out of the country. What happens if my I-829 gets denied but I am outside the U.S.? Can I travel back to U.S. to appeal or submit another I-829?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You continue to be a U.S. permanent resident after your I-829 is denied until a judge determines your residency is terminated. So you can re-enter and you can file an appeal, or even possibly challenge the decision in district court.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    As a conditional lawful permanent resident who needs to travel in and out of the country, should your I-829 petition be denied, you can still contest the denial even though you are outside of the U.S. However, as you pointed out, your ability to re-enter the U.S. on your conditional permanent resident card may be adversely affected, depending upon the date of its expiration.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You do not need to be in the U.S. to appeal a denial.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    You do not have to be in the USA in order to appeal. But do you have a valid visa to return to the USA?

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If your I-829 is denied while out of the country, you can certainly return to the U.S. to pursue the appeal.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.