I submitted my I-829 in October 2019 and got an extension of stay for 18 months. Recently I heard that there have been some issues with the EB-5 project I invested in. If the project fails, will my status expire immediately, or can I stay until my I-829 is denied by the USCIS?
Answers
BoBi Ahn
EB-5 Immigration attorneysUntil and unless USCIS issues a decision/denial, your status is not affected. If the jobs were created and the money was invested properly at the time of filing I-829, unless USCIS issues an RFE which you can''t respond to due to the failed project, you should be fine. Another option is to redeploy the funds.
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf the jobs are not created, the I-829 can be denied.
Fredrick W Voigtmann
EB-5 Immigration attorneysAs long as your I-829 petition is pending, you remain a conditional lawful permanent resident. If the I-829 is denied, you can seek a review of the denial and a review of any other available relief in removal proceedings before an immigration judge. During your removal proceedings, you can stay in the United States legally and work.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysYou can stay in the U.S. until a judge orders you to be removed. However, you should act now to protect your rights.
Salvatore Picataggio
EB-5 Immigration attorneysWhat is likely to happen is that the I-829 would be denied, and status would end.
A Olusanjo Omoniyi
EB-5 Immigration attorneysYou should wait until you officially hear about the project. Even then, you may be able to file an appeal of the denial to your I-829. So, consider staying put for a while as your case winds through the legal challenge that you are entitled to deploy.
Stephen Berman
EB-5 Immigration attorneysIf it fails, USCIS will not remove the condition from your status and your status will end.
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