Received an I-829 Denial?

Information from a New Jersey Deportation Defense Lawyer

New Jersey Immigration Attorney

The EB-5 immigrant investor program is reserved for wealthy foreign investors that are coming to the United States to invest at least $1 million in a commercial enterprise that will create at least 10 new jobs for U.S. citizens of lawful permanent residents. The investment can be of $500,000 is made in a rural area or an area of high unemployment.

When the EB-5 application is granted, the principal investor and his family is granted conditional permanent residency for 2 years. In the 90-day window preceding the expiration of the permanent residency, the conditional resident must file an application for removal of conditions of residency with USCIS.

When Would an I-829 Be Denied?

The application is filed on Form I-829. If the conditional resident fails to file the application, the permanent resident status will be automatically terminated by operation of law.

USCIS approves most of the I-829 received. During fiscal 2014 year, USCIS approved 1603 I-829 cases and denied 178 cases. This means that the I-829 denial rate is approximately 10%.

Common causes of I-829 denial include, but are not limited to:

  • The investor committed fraud during the I-526 process;
  • The investor did not make the necessary investment;
  • The investor did not maintain the necessary investment;
  • The investment did not create at least 10 new positions for U.S. workers;
  • There have been material changes in the original investment plan.

In the I-829 is denied, the conditional resident may be placed in removal proceedings. If that happens, the I-829 can be filed again with the immigration court. He immigration judge will conduct a trial de novo. If the conditional resident is not placed in removal proceedings right away, an appeal with a Federal District Court can be filed, challenging the USCIS decision as arbitrary and capricious.

Contact My Firm Today

The denial of an application to remove conditions of permanent residency of EB-5 investors generally involves extremely complicated issues.

I am one of the very few lawyers with experience in complex immigration litigation cases, such as Visa denials, immigration fraud cases, deportation defense and criminal immigration matters.

I have been a business investor in E-2 "Treaty Investor" Visa status, so I have a deep understanding of business immigration law. I have also been selected to the 2015 New Jersey Rising Stars list as an outstanding immigration attorney.

If your I-829 application was denied, contact my office right away to explore the best course of action in your case.

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