What are my options if my I-829 petition was denied due to a fraudulent EB-5 project, the individuals responsible have been convicted, and I am currently in removal proceedings?
Answers
Renata Duarte
EB-5 Immigration attorneysYour case is very complex and requires multiple actions. Be sure to hire a licensed attorney to help you out.
Even after a fraud‑based I‑829 denial, a good‑faith investor has multiple, viable paths to keep permanent residence.
Preliminary, an immigrant investor whose Form I‑829 has been denied may seek review of the denial in removal proceedings.
Also, INA § 203(b)(5)(M) (added by the RIA) lets a pre‑ or post‑RIA investor keep eligibility when the regional center/NCE was terminated or
sanctioned for fraud if the investor: ① filed in good faith, ② had no knowledge of the wrongdoing, and ③ otherwise meets the EB‑5 requirements.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysYou can renew your I829 in removal proceedings; depending on the facts of your case, the I829 can be approved as long as your funds were deployed into the project, per the I526 BP, and sufficient jobs were created. Consult with an attorney; several of us represent clients in removal proceedings and facts similar to yours.
Lynne Feldman
EB-5 Immigration attorneysWe can consult with you on alternatives you might have.
Natalia Morozova
EB-5 Immigration attorneysThank you for your questions. The denial of the I-829 is not always hopeless. You need to consult immigration attorney about your options. To check whether you are in removal proceedings please visit the Justice Department's website and enter your A# from your green card.
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