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Questions and Answers > EB-5 Forms

What happens to our child if our I-829s are denied?

What happens if my spouse and I get conditional green cards and have a child while we are in the U.S., but then the I-829 petitions get denied? Would we be forced to leave and take the child back to our home country even if the child is a U.S. citizen?

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Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If your I-829 is denied and you are required to leave the country, you will have to take the baby with you even though the baby is a U.S. citizen.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You could try to find someone to adopt the child, or perhaps give someone power of attorney to raise the child in the U.S. if you do not wish to take the child outside the U.S.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    USCIS will not care what you do about the child. Set up a guardianship to keep the child here or take the child with you.

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    Robert West

    Immigration Attorney
    Answered on

    The simple answer is yes, if you want to continue living with your child.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    If your I-829 is denied, it does not mean you must leave the U.S. USCIS will place you in removal proceedings and you will have a hearing before an immigration judge. The judge will decide whether to confirm the denial of I-829 or approve it. Depending on where you live, this process can take anywhere form 1-5 years. If it gets denies, you are allowed to appeal. If at the end of the process you are ordered removed from the US, no one will force you to take your child with you. The child has a right to stay in the U.S. Under the current laws, once the child turns 21, s/he can sponsor you for a green card.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; if you do not have any immigration status, you would have to leave the United States even if you have a U.S. citizen child. Of course, there might be certain relief from removal or other immigration options you could seek in the event your I-829 is denied.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the child is a U.S. citizen by birth, the child can always stay but who will care for the child?

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    Steven D Heller

    Immigration Attorney
    Answered on

    Generally, unless the parents are on the diplomatic Blue List, a child born in the US is a US citizen with all the rights and responsibilities that accords. The child would not lose citizenship because the parent lost legal immigration status.