The EB-5 visa program gives foreign entrepreneurs the opportunity to obtain green cards if they make a qualifying investment in a new commercial enterprise or a regional center. It is important to remember, though, that the process does not end when USCIS approves your EB-5 visa petition; you still have to submit an I-829 petition to remove the conditions of your residency.
Unfortunately, there are many reasons why USCIS might deny an I-829 petition. This can be heartbreaking for immigrants who have already put their children in school and purchased a home. If your I-829 petition is denied, you and your family will face deportation.
If you are in this situation, your first call should be to an EB-5 investor attorney with decades of experience in immigration court. There are several ways to fight the USCIS’ decision to deny your I-829 petition. An experienced immigration lawyer can evaluate your situation to identify the best approach.
Charles Kuck is an EB-5 investor lawyer in Atlanta who has successfully helped EB-5 visa holders become lawful permanent residents after USCIS denied their I-829 petition. Mr. Kuck will evaluate the reason why USCIS denied your petition, help you renew the petition, and gather evidence to demonstrate that your new petition should be approved.
Depending on your specific circumstances, it may be possible to seek an order from a federal judge that your original petition should not have been denied in the first place. Call 404-816-8611 today to schedule a consultation at Kuck Immigration Partners.
Evidence to Gather after USCIS Denies Your I-829 Petition
Why did USCIS deny your original I-829 petition? The answer to this question will determine the types of evidence that your green card lawyer will use to fight the denial. For instance, if USCIS claimed that your investment did not meet the job creation requirements of the EB-5 program, your attorney can use payroll records, tax documents, and employee Forms I-9 to prove that you did in fact satisfy this requirement.
If USCIS claims that you did not satisfy other requirements of the EB-5 visa program, your attorney may use the following evidence to prove that your investment qualifies:
· Bank statements, business licenses, contracts, federal or state tax returns, audited financial statements, business license invoices, and quarterly tax statements to demonstrate that your investment was sustained for two years; and
· Copies of the enterprise’s organizational documents and federal tax returns to demonstrate that you invested in a new commercial enterprise or a regional center.
Should I Hire a Green Card Lawyer to Fight USCIS’ Denial of My I-829 Petition?
Yes. Fighting the denial of your I-829 petition may involve extensive litigation, and there are several potential ways to become a lawful permanent resident after USCIS has denied your petition. An experienced lawyer can litigate your case, help you avoid costly mistakes, and identify the best approach to attaining residency based on your particular situation.
Your lawyer may be able to convince an immigration judge to overrule the denial of your petition. Also, your attorney can negotiate with trial attorneys of the Department of Homeland Security and cross-examine witnesses who support the denial of your petition.
If the judge does not rule in your favor, you can appeal the denial of your I-829 petition to the Board of Immigration Appeals. If denied there, your attorney can seek a review from a federal appeals court.
If you would like to discuss your case with an EB-5 investor, turn to Kuck Immigration Partners. Call 404-816-8611 today to schedule a consultation.
