Our I-829 petition was recently rejected. We filed motion to re-open promptly, but I’d like to explore other options in case we get denied again. I’m currently a Ph.D. student, and I was born in China.
I thought of going back to F-1, but it’s highly unlikely given my immigration intent. I could do H-1B sponsorship through an employer, but that’s not guaranteed (unless I can find a job in a public research university or the like). I know EB-2 NIW is another potential route. Any other suggestions?
If I do go with EB-2 NIW and receive an I-140 approval, that doesn’t grant me authorization to study or work in the U.S. until I file an I-485.
Also, if the motion fails, does that mean I need to leave the U.S. immediately to avoid accruing unlawful presence?
Answers
Natalia Morozova
EB-5 Immigration attorneysYou list all good options. Your assessment of the F-1 possibility is correct. EB-2 NIW I-140 approval does not give you the right to remain or work in the US until the AOS is filed. Most likely if your motion to reopen is denied and you do not leave you will be placed in the removal proceedings to be removed. The options here are limited and it is best to discuss with an immigration lawyer. You are welcome to schedule a consultation by reaching out through the contact form.
Bernard P Wolfsdorf
EB-5 Immigration attorneysEB-2 is backlogged for China. Also, if your I-829 was denied, you are likely going to be in removal proceedings soon. You need experienced counsel and you may also be eligible for LPR cancellation. Plus the government has the burden of proving removability. Need to understand why the I-829 was denied.
Lynne Feldman
EB-5 Immigration attorneysIf you would like a consult on the I-829 rejection, we can provide that and then discuss options if not savable.
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