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What Evidence Do I Need to Appeal a Denial of My I-829 Petition? Atlanta Immigration Lawyer Explains

By December 22, 2016No Comments

The EB-5 visa program gives foreign entrepreneurs the opportunity to become lawful permanent residents in the United States. An important step in this process is submitting an I-829 petition to remove the conditions of the immigrant’s residency.

Unfortunately, U.S. Citizenship and Immigration Services sometimes denies I-829 petitions. This can be devastating for immigrants who have already purchased a home, put their children in school and become acclimated with their new community. If USCIS denies your I-829 petition, you and your family will face deportation.

If you are in this situation, it is critical that you discuss your case with an employment visa lawyer. There are several ways that an experienced immigration attorney can help you fight the USCIS’ decision to deny your I-829 petition.

Charles Kuck is an Atlanta employment visa attorney who has successfully helped foreign investors attain lawful permanent residence after USCIS denied their I-829 petition. Mr. Kuck will evaluate your case, identify the reason why your petition was denied, and help you renew the petition.

He will gather extensive evidence to demonstrate why your renewed petition should be approved. Depending on the reason why USCIS denied your initial petition, Mr. Kuck may seek an order from a federal judge that USCIS should not have denied your I-829 petition in the first place. Call 404-816-8611 to schedule a consultation at Kuck Immigration Partners.

Important Evidence When Fighting the USCIS’ Denial of Your I-829 Petition

The evidence your immigration lawyer uses will depend on the reason why your original I-829 petition was denied. If, for example, USCIS incorrectly claimed that your investment did not create enough jobs, your lawyer can use the following evidence to prove that you did in fact satisfy this requirement:

Payroll records;
Tax documents; and
Employee Forms I-9.

Sometimes USCIS incorrectly claims that an investment does not satisfy the requirements of the EB-5 visa program. In this situation, your attorney may use the following evidence to prove that your investment qualifies:

Federal tax returns and copies of the enterprise’s organizational documents to prove that you invested in a new commercial enterprise; and
Contracts, bank statements, business licenses, audited financial statements, state or federal tax returns, quarterly tax statements, and business license invoices to prove that you sustained the investment for two years.

Why You Should Hire an Employment Visa Lawyer after an I-829 Petition Denial

The litigation process that follows an I-829 petition denial is highly complex, and there are several approaches to becoming a lawful permanent resident after a petition denial. An experienced immigration attorney will know which approach best complements your situation.

Your attorney will attempt to convince an immigration judge to overrule your petition denial. Your lawyer can cross-examine witnesses who support the petition denial, negotiate with trial attorneys of the Department of Homeland Security, and advocate your case in front of the immigration judge.

If the judge rules against your grant to remove the conditions of your residency, your attorney can appeal the decision to the Board of Immigration Appeals. If denied there, your lawyer can seek a review from a federal appeals court.

If your I-829 petition was denied, contact  Charles Kuck and Kuck Immigration Partners. Call 404-816-8611 to arrange a consultation with an immigration lawyer in Atlanta.

Charles Kuck

Managing Partner