After an immigrant investor’s I-526E petition gains approval, and they have resided in the United States with a conditional Green Card, the subsequent I-829 petition to eliminate the conditional status on a Green Card is the concluding stage toward obtaining a permanent Green Card. Nonetheless, I-829 petitions frequently face unfortunate denials. In this piece, we will delve into the function of Form I-829, the situations that result in application denials, and measures to circumvent them.

What Is Form I-829?

Form I-829, also known as the Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, is lodged with the United States Citizen and Immigration Services (USCIS) within the 90-day window before an immigrant investor’s two-year conditional residency concludes.

Its aim is to enable foreign nationals holding conditional permanent resident cards, commonly referred to as green cards, to petition for the elimination of any conditions attached to their residency status. Upon the removal of these conditions, the individual attains permanent residency and becomes eligible to apply for United States citizenship.

What role does this form play in the EB-5 application procedure?

Form I-829 plays a vital role in the EB-5 program, which offers foreign nationals the opportunity to pursue permanent residency in the United States by investing in commercial enterprises.

As part of the EB-5 program, immigrant investors receive a Green Card that provides them with conditional permanent resident status, valid for two years.

Within ninety days before the expiration of this two-year period, investors are required to submit Form I-829 to USCIS to prove that they have fulfilled these obligations.

What are the consequences if Form I-829 is rejected?

In the event that an EB-5 investor’s Form I-829 is declined, they have the option to seek administrative review through either the USCIS immigration court or the federal court system. If the petition remains unapproved, the investor will need to explore alternative options, such as finding another EB-5 investment or seeking alternative avenues to maintain lawful permanent resident status in the United States.

Failure to uphold permanent resident status may result in deportation. A knowledgeable EB-5 immigration attorney can assist investors throughout this process.

Should USCIS deny a Form I-829 petition, the investor can submit a motion for reopening or reconsideration. Alternatively, they may request a case review during removal proceedings before an immigration judge or if USCIS initiates removal proceedings.

If the immigration judge confirms the denial of the I-829 petition, the petitioner can appeal to the relevant federal circuit court of appeals or the district court to contest the decision. However, all appeals must be exhausted before pursuing legal action against USCIS in a federal court.

While awaiting adjudication of Form I-829, the expiration date of a conditional green card can be extended. In the event of denial, the investor’s conditional Green Card remains valid until its expiration date, and their residency status remains unchanged during ongoing investigations.

If an I-829 petition is unsuccessful and the investor has not engaged in disqualifying behavior, they may still apply for any other nonimmigrant or immigrant visa, including another EB-5 visa.

In cases where the denial of the petition is due to the failure of the invested EB-5 project, the investor can apply for any immigrant visa they qualify for, and even pursue multiple visas concurrently.

What led to the denial of my I-829 petition?

The reasons for denial can differ, but it typically stems from the investor’s failure to meet the conditions of their conditional green card. This could include:

Insufficient documentation:

USCIS mandates thorough and credible documentation to prove compliance with program obligations. This encompasses audited financial statements, bank records indicating investment expenditure, law enforcement statements, and other formal paperwork. If the investor cannot furnish ample evidence to support their fulfillment of EB-5 program requirements, such as job creation or sustaining the investment, it may lead to denial.

Failure to fulfill job creation criteria:

The EB-5 program necessitates that the investment generates a minimum of 10 jobs for U.S. workers. If the investor falls short of the required benchmarks or fails to furnish satisfactory proof of job creation, it can lead to denial of Form I-829.

Inability to maintain the investment:

Investors must uphold their investment throughout the conditional residency period. If an investor withdraws a significant portion of their investment capital prematurely or fails to demonstrate sustained investment, it could result in denial.

Violation of program regulations:

Any breach of EB-5 program rules and regulations may lead to denial. This encompasses instances of investor involvement in fraudulent activities, provision of false information, or non-compliance with program requirements.

Inadequate evidence of legal source of funds:

Investors must demonstrate the lawful origin of their investment capital. If there are suspicions or uncertainties regarding fund legality, or if the investor fails to furnish satisfactory documentation proving legality, it may lead to denial.

Failure to respond to requests for evidence (RFE):

If USCIS issues an RFE requesting additional information or clarification, such as bank statements or criminal records, and the investor fails to respond within the stipulated timeframe, it can result in denial.

It’s crucial to recognize that each case is unique, and denial reasons may vary. Therefore, it’s advisable for investors to collaborate closely with an experienced professional.

Related Post: Unveiling the Most Common Misconceptions Regarding EB-5

What Should I Do Next If My Application Was Denied?

If your I-829 petition was rejected, it can be discouraging and might prompt worries regarding your immigration standing. There are several actions you can take to attempt to resolve the situation.

Carefully review your denial notices

Allocate sufficient time to carefully examine the denial notice, focusing particularly on:

• The precise reasons for the denial.
• Any necessary paperwork.
• Timelines for subsequent actions.

Comprehending the rationales behind the denial will aid you and your legal counsel in devising a plan for your next moves.

Consult with an immigration attorney

Enlist the assistance of a proficient immigration lawyer with expertise in EB-5 matters. They will conduct an in-depth review of your denial notice and evaluate the viability of your case.

Additionally, immigration attorneys can assist you in navigating the intricate procedures of appealing or seeking reconsideration, guaranteeing that you are adequately informed and have optimal prospects for success.

Address the reasons for denial

Collaborate with your immigration lawyer to pinpoint the precise grounds for the denial of your I-829 petition and devise a thorough plan to tackle them. This might entail furnishing further evidence or explanations showcasing adherence to the EB-5 program criteria and refuting any misunderstandings.

Determine your appeal or reconsideration process

Engage in close collaboration with your immigration attorney to assess whether initiating an appeal or seeking reconsideration aligns with the unique reasons for denial in your case. They will provide clear explanations of the prerequisites, possible results, and relevant timelines, aiding you in making a well-informed choice.

Prepare a strong and comprehensive response

Craft a meticulously structured and convincing rebuttal that specifically tackles the issues highlighted in the denial notification. This encompasses:

• Pertinent corroborating records.
• Professional assessments.
• Any additional proof that bolsters your position.

By presenting a compelling case to USCIS for reevaluation, your chances of I-829 petition approval are heightened.

Submit your appeal

Make certain that your appeal or request for reconsideration is meticulously filled out and lodged within the timeframe designated by USCIS. Adhere closely to any particular instructions or documentation needed, and retain a copy of the submission for your records.

Following the submission of your appeal, patiently await USCIS’s response. Processing times may fluctuate, underscoring the importance of regular communication with your attorney. This ensures you stay abreast of any developments or requests for supplementary information.

Explore alternative options

If you’ve concluded that pursuing an administrative review or appeal won’t lead to the approval of your I-829 petition, you have the option to initiate a new EB-5 investment, submit a new I-526 petition, and pay the associated filing fee to recommence the visa process. Conditional permanent residency will be obtained upon approval of the second I-526 petition.

However, if you engaged in fraud, misrepresented facts, committed a heinous crime, or otherwise rendered yourself ineligible for a U.S. visa, pursuing legal action or applying for a different immigrant visa won’t yield success.

In such a scenario, seeking guidance from an immigration attorney is the most prudent course of action. They can offer counsel on alternative pathways or strategies tailored to your specific circumstances.