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How long can I keep my status as a green card holder after the I-829 application is denied?

I recently filed I-829 and my green card was extended by 18 months. The project has some problems and other investors are getting denials. I am worried. In case my I-829 is denied, how long can my family and I keep the status?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your visa will end as soon as your I-829 is denied unless there is any subsequent action, such as an appeal of any order of denial. The appeals can keep the case alive and just as well as your standing in the country.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Basically, you will be told you have 30 days to depart the U.S., or removal proceedings will begin.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    In the event of I-829 denial, there is likely to be an appeal process and you must be subject to a final order of removal by an immigration judge to be subject to removal from the U.S. This includes your derivative family members.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    According to USCIS, an immigrant investor whose Form I-829 has been denied may seek review of the denial in removal proceedings. If, after initial review or after the interview, the director denies the petition, he or she shall provide written notice to the alien of the decision and the reason(s) therefor, and shall issue an order to show cause why the alien should not be deported from the United States. The alien's lawful permanent resident status and that of his or her spouse and any children shall be terminated as of the date of the director's written decision. The alien shall also be instructed to surrender any permanent resident card previously issued by the service. No appeal shall lie from this decision; however, the alien may seek review of the decision in deportation proceedings. In deportation proceedings, the burden shall rest with the service to establish by a preponderance of the evidence that the facts and information in the alien's petition for removal of conditions are not true and that the petition was properly denied. In summary, USCIS issues the immigrant a temporary Form I-551 until an order of removal becomes administratively final. An order of removal is administratively final if the decision is not appealed or, if appealed, when the appeal is dismissed by the Board of Immigration Appeals.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    Until there is a "final order of removal," whether from an immigration court or an administrative appeals board called the BIA, and you are not successful in a federal court challenge.

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    Phuong Le

    Immigration Attorney
    Answered on

    Even if your I-829 is denied, you don't get deported overnight. There's a lengthy appeals process where you'll be able to continue living and working in the U.S. as the immigration courts sort things out for you.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You will retain your status until an immigration judge decides otherwise. Prepare for removal proceedings immediately.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You continue to be a permanent resident until a judge orders you deported and even after the I-829 is denied.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Once your I-829 is denied, the USCIS normally informs you to leave the country soon or within 30 days.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your petition on Form I-829 is denied, you would lose your conditional permanent residency. You can keep that status up until the time your petition is denied, and of course, you have several options, including filing a motion to re-open and reconsider to seek to overcome the denial. You can also appeal the denial, and under certain circumstances, you also can seek review of the denial in U.S. District Court.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Once denied, you can request reconsideration in immigration proceedings.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You have 30 days to file and appeal, or depart the U.S. upon denial.

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