I am currently in the I-829 stage (for an EB-5) and am employed in the U.S. under a conditional green card. My I-829 could be denied. Should I relinquish my GC now and apply for another EB-5 project, or should I wait until it is denied and then apply?
Answers
Tony W. Wong
EB-5 Immigration attorneysIf your I-829 is denied and you don’t file a motion, then you will be transferred to immigration court for removal proceedings if you’re in the U.S. During the removing proceedings, you can still lawfully stay in in the U.S. as a U.S. resident, and you can still have a chance to request the immigration judge to approve your 829 if you have favorable evidence. You can relinquish your GC voluntarily but you need to depart the U.S. before getting another new immigrant visa to come back.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.