I came into the United States in 1999 after my father received his green card through the EB-5 program. We received a two-year green card and requested a removal of our I-829 condition in 2001. It has been over 13 years now, and our I-829 is still pending. Since my father was the petitioner, my brother and I are his dependents in this case. I have been going to the infopass appointments every year to renew the conditions on my green card, since it expires every year. How can I move forward with this case? I recently married my wife, who is a U.S. citizen, and applied for an I-485 to adjust my status so that I can be under her case. However, after my interview, I was denied since I already have a green card. Additionally, my father plans on retiring overseas and removing his green card. How will that affect my brother and my status here in the United States?
There are many things that could have occurred in your case during these 13 years. A thorough examination of all documentation will be required in order to determine the best plan of action to move forward. Please consult an experienced EB-5 attorney to assist you.
With so many issues that will affect your immigration status, you need an experienced U.S. immigration attorney to review the details of your immigration history (including filings), and then help create an approvable plan to move forward.
Most people and many attorneys are not aware of the events of 1998 that resulted in several hundred EB-5 investors being stranded between the approval of their conditional lawful permanent resident status and their I-829 filing and approval. There have been several lawsuits involving this matter, and most of the investors have given up or obtained lawful permanent residence through other categories. I have successfully represented several clients in situations similar to yours. While each case is different, you should consult with an experienced immigration attorney who can advise you on the best solution for you, which may include abandoning your current conditional green card and obtaining a new green card, either through leaving the United States and then returning on a valid advance parole, or immigrant visa processing abroad.
This is a set of very odd facts and case. Your best bet is to work with an attorney who can thoroughly comb through your file to ascertain a number of facts on why the application has been unusually late. In addition, both you and your attorney may enlist the assistance of your representative in Congress. Last, but not least, as long as you have a green card, which you already do, no further card will be issued either through your family member.
You have a complex situation and should retain legal counsel.
13 years makes no sense at all. I suggest getting your immigration file and getting liaison assistance from your congress person. You should seek legal counsel as soon as possible.
First, I would request that your senator inquire from USCIS as to unreasonable delays in the processing of the I-829s. Also, based upon the many inquiries you have made without a response from the old INS or now the USCIS, you may retain an experienced EB-5 attorney to file a Mandamus Action in federal court, which will force USCIS to respond. In your case, you can withdraw your permanent residency claim under the I-829 that was filed and move forward with your I-485 application based upon your marriage to a U.S. citizen. Your father should not withdraw the I-829 until all family members obtain their unconditional permanent residency based upon the approval of the I-829.
You should be in touch with the attorney who helped you with your application. If you did not use an attorney for the I-829, but used one for the I-526, contact him or her. Otherwise, you need to consult with an experienced EB-5 attorney with all your documents, because your case is definitely out of the ordinary.
You may need to retain counsel for this. This should not have remained unresolved for 13 years.
There is something wrong in your case if your I-829 has been pending for 13 years. If you filed without an attorney, you need to make an appointment for a consultation with one to discuss your situation. Regarding the denial of your adjustment of status, you will have to abandon your current conditional residence first, because you can adjust based on your marriage. Again, this is something that you need to speak with an attorney about in-person.
