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Questions and Answers > Other Eb-5 Questions

How would the Trump immigration ban impact a pending I-829 application?

We have an I-829 pending for close to 4 years. If Trump is going to suspend all legal immigration into the U.S., would that mean an automatic denial to all pending petitions?

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Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The EB-5 investors like yourself are exempted, it will not affect you.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Most likely it will merely delay it. It is unlikely every application currently pending will simply be denied.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    If you have an 829 pending, it means you already have a green card. It should not affect you. But if your I-829 is pending 4 years, it may be time to investigate why, and consider filing a Mandamus action to compel USCIS to make a decision if there is no actual reason for the delay.

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    Debbie Klis

    Securities Attorney
    Answered on

    The announcement of the administration''s intent to sign an executive order to limit visas and green cards to the coronavirus undoubtedly causes concern. It is unclear now how long the ban will be in place but there is no reason to think that the ban means that USCIS will desist from processing I-829 petitions. The EB-5 Program itself has not been terminated. Depending on when your I-829 is approved there may be delays in receipt of a visa to migrate to the United States. It is also possible that you will not experience any delay depending on when your I-829 is approved. The executive order that will temporarily suspend immigration does not apply to farmworkers and healthcare workers and may contain other exceptions. The tech industry is concerned already by the loss of talent coming from abroad. There should be much effort in the U.S. to lobby the administration to limit the duration of the ban.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No one knows for sure until we have more news about the wording of the executive order ("EO") or the EO itself is published. It likely will be met with an immediate lawsuit/injunction which could delay implementation or result in the EO being nullified by court order. It is unlikely that all pending petitions, particularly I-829s filed by conditional lawful permanent residents, would be automatically denied.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    We will see how the order shakes out, when it would go into effect, what exceptions there are. But generally, this has only affected immigration from foreign countries through the consulate, not those already here lawfully. So you being here with a conditional green card. Hopefully whatever this Order is would skip you. But again, based on just a random tweet, it is hard to say.

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    Irina Rostova

    Immigration Attorney
    Answered on

    No, it does not. The president has not yet signed an executive order, once he does, we will know what is going to be included in the order and what will not. Based on the initial indicators, the suspension is only temporary in nature and will restrict new immigrants from coming into the United States for a period of time. If you already have a green card, you are a permanent resident (even if the I-829 is pending) and the president cannot eliminate your residency without due process.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, it is not supposed to apply to persons who are already permanent residents like yourself.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The order will only be published tomorrow but I do not think an I-829 will be impacted by his order. There may be another problem. You should apply for U.S. naturalization, which may speed up adjudication.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    We still need the final order to be issued to learn what the Trump Administration is banning. If any indication is given based on Trump''s use of the term - entry, as well as the U.S. Supreme Court''s prior upholding of the Travel Ban based on the executive branch''s authority to stop the entry of immigrants and nonimmigrants into the United States, the latest travel ban should not apply to a pending I-829. This is because you have already been admitted as a resident. Further guidance is needed, but the previous travel bans have not barred lawful permanent residents from seeking to enter and be admitted into the United States.