I have been living in the U.S. for 7 years. But my I-829 was denied due to fraud by direct project developers, but an NTA has not been issued. My I-94 is valid until April 2026. If I continue to get my I-94 every year, can I remain a lawful resident until ordered removed by an immigration judge? Can I file a reentry permit to travel outside the U.S.?
Answers
Calvin Kourosh Azadi, Esq.
Immigration attorneysIf your I-829 was denied, you can remain in the U.S. until an immigration judge issues a final order of removal, which may take time due to the delays in USCIS issuing NTAs and the backlogs in immigration court. During this time, you are generally not accruing unlawful presence and can continue to obtain temporary I-551 stamps to maintain proof of status, but travel outside the U.S. is risky and a reentry permit is not advisable without legal guidance, due to potential CBP issues and reentry denial.
Belma Demirovic Chinchoy
Immigration attorneysResidents don’t have I-94. If you’re referring to a I-551 stamp, you are unlikely to get one until you’ve been placed in proceedings. After that, yes, you can continue to stay in the US until ordered removed by a Judge (or even after if you appeal etc).
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.