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
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyYou do not need to be in the U.S. to appeal a denial.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyAs 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.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your I-829 is denied while out of the country, you can certainly return to the U.S. to pursue the appeal.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyYou do not have to be in the USA in order to appeal. But do you have a valid visa to return to the USA?
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