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Questions and Answers > EB-5 Requirements

What happens if my I-829 is denied while I am traveling overseas?

I filed my I-829 and received an RFE to which I have replied. I need to travel outside of the U.S. for personal reasons. In case my I-829 is denied, can I be denied entry to the U.S. when coming back within 6 months of departing? Of course I have gotten my passport stamped thereby extending my CPR for one year.

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Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The denial may leave you without status, requiring you to enter using another status like B or ESTA.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Even if your I-829 is denied while you are overseas, you still remain a conditional lawful permanent resident, though the USCIS contends that your status has been terminated, and you are entitled to work and travel (not recommended) until an immigration judge issues a final order of removal. There may be some delay and you may need to undergo screening through secondary inspection at the airport, but you should be allowed to enter the United States and either file a motion to reopen/reconsider your denied I-829 or prepare for removal proceedings in immigration court, where you will be allowed to apply for any additional relief from removal, including review of your I-829 by the immigration judge.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You will be allowed to enter; depending on the POE, you may be placed into secondary. An entry post-I-829 denial may speed up the issuance of the NTA, but not necessarily. You should be speaking with your attorney about your travels so you can get proper individualized advice.

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    Kristal Ozmun

    Immigration Attorney
    Answered on

    It is possible that you could be denied admission to the U.S. after denial of an I-829 petition as you will be treated as an applicant for admission. Upon denial of your I-829 petition, it is advisable to avoid travel.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You are entitled to reenter and are still a permanent resident even after the I-829 is denied. You may want to have your lawyer prepare a letter explaining this.

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    Phuong Le

    Immigration Attorney
    Answered on

    They may raise a stink, but you should be able to return even in the event that your I-829 RFE response is denied. There''s still the NOID/appeal process for the I-829 and you should still retain the same rights/privileges as a CPR during this process; you may have to explain that to the officer, but that alone shouldn''t bar you, especially if you have the I-551 stamp in your passport already.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If given a problem at the port of entry, indicate you would like to be paroled in and present your case to the judge.