What is the timeline for loosing my status if my I-829 is denied?
I invested in a direct project and my I-526 was approved. The I-829 was filed but it is likely to be denied as jobs were not created. After a potential I-829 denial, how long does USCIS take to start removal proceedings? At what point after an I-829 denial do we lose LPR status? Can they deport me if I have already spent 5 years as a conditional LPR?
Even after the I-829 is denied you still continue as permanent resident until such time as an immigration judge orders your status terminated. There is no pattern on issuance of Notice to Appear and the new administration may not prioritize the removal of EB-5 investors who have not created enough jobs, especially if through no fault of their own.
If an I-829 is denied, it results in an automatic termination of conditional lawful permanent resident status. The USCIS can issue an NTA itself either with the denial or at a later date. The USCIS also can refer the case to ICE for issuance of the NTA. This process can take months due to the pandemic since the immigration courts are closed, mainly for non-detained cases. Even when your case gets placed on the court''s calendar, it could be many months to a couple of years before your hearings are scheduled. If you are in removal proceedings, it is possible that you could be ordered removed unless you have available relief from removal and you apply to the immigration court according to the requirements. Such relief could be a renewal of your I-829 petition, an application for cancellation of removal based upon significant time in the United States and extreme hardship to a qualifying family member, who is a U.S. citizen or permanent resident, or other applicable relief. Each case is unique, so it would be wise to consult an expert immigration attorney before your I-829 is filed or denied, if you believe that is a possibility.
The issuance of the NTA (Notice to Appear) in an immigration court varies based on where you are located. But it is oft a lengthy process. I have consulted with clients in the Los Angeles area who have been waiting for the NTA for more than 18 months. You will lose the resident status when the judge affirms the denial of your I-829, issues an order of removal and all appeals are exhausted. Yes, you can be ordered removed even if you have spent 5 years as a resident. You are probably referring to Cancellation of Removal for LPRs pursuant to INA 240(A)(a); there are several other criteria that must be met in order to qualify for Cancellation besides the 5 years of residence. Note, an immigration judge reviews an I-829 de novo; so if there is any way to prove that I-829 requirements have been met, you should retain an attorney and renew the I-829 before a judge.
I am sorry to hear this. Did you receive an I-829 RFE? Has your attorney responded to it but still received a denial? Our firm just received an I-829 approval last week where a direct investor received an RFE about job creation. The previous attorney of this investor had messed up the I-829. We worked very hard to win this uphill battle and saved the permanent green cards of the family. Once the I-829 is denied, you will lose the conditional residency immediately. You can voluntary depart the country or be placed into removal. Because of this severe consequence, I would encourage you to seek a second opinion regarding your I-829.
An NTA will eventually issue and you will be scheduled for a Master Calendar hearing. After, you will be scheduled for an individual hearing where you will have the opportunity to re-present your case before an immigration judge, should you so choose. Given how backlogged the immigration courts are, this process will likely take multiple years. During this time, you are permitted to remain in the U.S. and receive evidence of your permanent resident status via stamps in your passport. Yes, you can be removed even if you have 5 years of CPR status.