Once an immigrant investor’s I-526E petition has been approved, and they have been living in the United States on a conditional Green Card, the I-829 petition to remove the conditional status on an applicant’s Green Card is the final step towards a permanent Green Card.
However, I-829 petitions are unfortunately often denied.
In this article, we’ll take a closer look at the purpose of Form I-829, the circumstances that lead to an application denial, and what you can do to avoid it.
What Is Form I-829?
Form I-829—or Petition by Entrepreneur to Remove Conditions on Permanent Resident Status is submitted to United States Citizen and Immigration Services (USCIS) during the 90-day period prior to the expiration of an immigrant investor’s two-year conditional residency period..
The purpose of this form is to allow foreign nationals with conditional permanent resident cards—or green cards—to request the removal of any conditions placed on their residency status. When these conditions are removed, the individual becomes a permanent resident and can eventually apply for United States citizenship.
Where does this form fit into the EB-5 application process?
Form I-829 is a crucial part of the EB-5 process—a program that foreign nationals can use to seek permanent residency in the United States through commercial enterprise investments.
During the EB-5 program, immigrant investors are issued a Green Card that grants them conditional permanent resident status. This conditional Green Card is valid for two years.
Ninety days prior to the expiry of the two-year period, the investor must file Form I-829 to demonstrate to USCIS that they have met these requirements.
Wondering which EB-5 investment would work for you?
Consider our Twin Lakes Georgia EB-5 Project. Details HERE.
What Happens If Form I-829 Is Denied?
If an EB-5 investor’s Form I-829 is denied, they can pursue administrative review through the USCIS immigration court or the federal court system. If the petition is not approved, the investor will either need to find another EB-5 investment or another way to maintain lawful permanent resident status in the United States.
Failing to maintain permanent resident status can lead to deportation. An experienced EB-5 immigration attorney will be able to guide an investor through this process.
If USCIS denies a Form I-829 petition, the investor can file a motion with them to reopen the case or reconsider the application. Alternatively, they can request a case review during removal proceedings before an immigration judge of USCIS institutes removal proceedings.
If the immigration judge confirms the denial of the I-829 petition, the petitioner can turn to the relevant federal circuit court of appeals or the district court to challenge the denial. However, appeals must be exhausted before taking legal action against USCIS in a federal court.
Whilst Form I-829 is awaiting adjudication, a conditional green card’s expiration date can be extended. When Form I-829 is denied, the investor’s conditional Green Card remains valid until its expiration date. The residency status also doesn’t change while investigations are ongoing.
If an I-829 petition fails and the investor did not engage in behavior that makes them ineligible for a visa, they can still apply for any other nonimmigrant or immigrant visa—including another EB-5 visa.
Sometimes the petition denial is caused by the EB-5 project invested into failing. In such a case, the investor can apply for any immigrant visa they are eligible for—and even multiple visas at the same time.
Why did my I-829 petition get denied?
The specific reasons for a denial can vary, but it’s usually because the conditions on an investor’s conditional green card were not met. This can mean:
- Inadequate documentation: USCIS requires comprehensive and credible documentation to demonstrate compliance with the program’s obligations. This may include audited financial statements, bank statements to evidence expenditure on the EB-5 project invested into, law enforcement statements, and other formal documents. If the investor fails to provide sufficient evidence or documentation to support fulfillment of their EB-5 program requirements—such as job creation or sustaining the investment—it can lead to a denial.
- Failure to meet job creation requirements: The EB-5 program requires that the investor’s investment creates a minimum of 10 jobs for U.S. workers. If the investor fails to meet the required targets or provide satisfactory evidence of job creation, it can result in a denial of Form I-829.
- Inability to sustain the investment: Investors are required to maintain their investment throughout the conditional residency period. If an investor withdraws or diverts a significant portion of their investment capital before the I-829 stage, or fails to demonstrate a sustained investment, it can lead to a denial.
- Noncompliance with program regulations: Any violation of the EB-5 program rules and regulations can result in a petition denial. This includes instances where the investor engages in fraudulent activities, misrepresents information, or fails to adhere to the program’s requirements.
- Insufficient proof of lawful source of funds: Investors must demonstrate that their investment capital comes from lawful sources. If there are concerns or doubts regarding the legality of the funds, or the investor fails to provide satisfactory documentation as proof of legality, it can lead to a petition denial.
- Failure to respond to requests for evidence (RFE): If USCIS issues an RFE seeking additional information or clarification—such as bank statements or criminal history—and the investor fails to respond within the given timeframe, it can result in a denial.
It’s important to remember that each case is unique, and reasons for denial won’t always be the same. That’s why it’s recommended that an investor works closely with an experienced immigration lawyer who specializes in EB-5 cases to ensure proper compliance.
Tired of hunting for legitimate EB-5 investment opportunities?
Discover why our Twin Lakes Georgia EB-5 Project is perfect for you!
What Should I Do Next If My Application Was Denied?
If your I-829 petition was denied, it can be disheartening and may raise concerns about your immigration status.
There are a number of things you can do to try and address the situation.
Carefully review your denial notices
Take the time to thoroughly review the denial notice, paying close attention to:
- The specific grounds for denial.
- Any required documentation.
- Deadlines for taking further action.
Understanding the reasons behind the denial will help you and your attorney develop a strategy for your next steps.
Consult with an immigration attorney
Seek the expertise of an experienced immigration attorney who specializes in EB-5 cases. They will perform a detailed analysis of your denial notice and assess the strength of your case.
Immigration attorneys can also help guide you through the complex process of appealing or requesting reconsideration, which ensures that you are well informed and have the best possible chance of success.
Address the reasons for denial
Work with your immigration attorney to identify the specific reasons for your I-829 petition denial and develop a comprehensive strategy to address them. This may involve providing additional evidence or clarifications that demonstrate compliance with the EB-5 program requirements and discrediting any misconceptions.
Determine your appeal or reconsideration process
Work closely with your immigration attorney to determine whether filing an appeal or requesting reconsideration is the most appropriate course of action based on your case’s specific grounds for denial. They will clearly explain the requirements, potential outcomes, and any associated timelines to help you make an informed decision.
Prepare a strong and comprehensive response
Prepare a well-organized and persuasive response that directly addresses the concerns outlined in the denial notice. This includes:
- Relevant supporting documentation.
- Expert opinions.
- Any other evidence that strengthens your case.
By presenting a compelling argument to USCIS for reconsidering your application, your I-829 petition is more likely to be approved.
Submit your appeal
Ensure that your appeal or reconsideration request is accurately completed and submitted within the specified timeframe determined by USCIS. Pay close attention to any specific instructions or documentation required, and maintain a copy of the submission for your records.
Following the submission of your appeal, patiently await a response from USCIS. The processing times can vary, and it’s important to communicate with your attorney regularly. This helps you stay informed about any updates or requests for additional information.
Explore alternative options
If you have determined that an administrative review or appeal will not result in the approval of your I-829 petition, you can make a new EB-5 investment, file a new I-526E petition, and pay the filing fee to restart the visa process. You will secure conditional permanent residency based on the approval of the second I-526E petition.
If you committed fraud, misrepresented facts, committed a crime of wickedness, or did something else to make yourself ineligible for a U.S. visa, taking legal action or applying for a different immigrant visa will not be successful.
In this case, the most sensible course of action is to consult an immigration attorney for guidance. They can advise you on different pathways or strategies based on your specific circumstances.
Looking for the quickest way to become a U.S. citizen?
Invest in our Twin Lakes Georgia EB-5 Project TODAY!
Find a reputable and experienced immigration attorney with the help of EB5AN
EB5AN is a national EB-5 regional center operator and EB-5 fund manager with 2,300+ investors from 60+ countries. We have relationships with top immigration attorneys that we can refer you to.
Don’t delay seeking help to secure your future in the United States. Book a call with us today to get started with your EB-5 investment process.
