My I-829 was denied six years ago, and I am currently in removal proceedings. Separately, I have an approved EB-2 case with a not-yet-current priority date. I am considering requesting voluntary departure and completing EB-2 consular processing abroad. Is this generally a feasible path after an I-829 denial? Would the consulate consider me to have accrued unlawful presence between the time the I-829 was denied and when I leave the U.S.?
Is there a precedent of an applicant who later successfully obtained an immigrant visa through consular processing and returned to the U.S. without an I-601 waiver?
Answers
Lynne Feldman
EB-5 Immigration attorneysYou will trigger a 3-year or 10-year bar if you accrued unlawful presence before you left the U.S., whether for a nonimmigrant or immigrant visa. To get a waiver, you would need a qualifying relative.
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