I received an I-829 denial a couple of days ago due to fraud committed by promoters of a direct EB5 investment, which resulted in no jobs being created. Presently, I am doing a fellowship, which finishes in June 2027. My attorney says we can request to change projects, but I would like to know my other options. When will I start accruing unlawful presence?
Answers
Tony W. Wong
Immigration attorneysYour option is to file a 290/B motion. If the motion fails, you will be transferred to an immigration court unless you file another motion or appeal. Because your I-829 has been denied, you cannot just change another project to keep your existing conditional green card. Your new project will be a new I-526 or I-526E petition
Rani Emandi
Immigration attorneysYou never filed for F-1 visa? or any other status?
Best Regards,
Rani Emandi
Emandi Law Firm PC
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