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[HOT] IJ/NTA Removal Proceedings Practice Issues for denied I-829s


Our law office is experienced in representing investors and family members at Immigration Judge NTA removal proceedings. Note this hearing process is an administrative hearing procedure where various reliefs can be requested. It is very important to retain an immigration attorney who is experienced in both EB-5 and IJ removal proceedings where I-829 has been denied.

When the investor and dependent family members are denied I-829s, USCIS will issue Notice of Denial, terminating conditional permanent resident status, in which case, a myriad of issues arise and cause a great deal of practical problems for the investor applicant and their family members. For example, when the NTA is issued, this affects the length of time of temporary stamps evidencing CPR status issued by USCIS, as evidenced by the Q & A meeting on January 23, 2012 below.

Q: Please discuss the procedure for the investor to obtain conditional permanent residence status and clarify whether the investor is authorized to work during that time. In addition, please clarify whether it is USCIS procedure to limit the duration of the I-551 stamp until the date of a scheduled master calendar hearing or merits hearing, which are frequently continued.

A: Upon approval of the Form I-526 petition, the EB-5 investor will either file a Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to conditional permanent resident within the United States, or file a DS-230, Application for Immigrant Visa and Alien Registration, with the Department of State to obtain an EB-5 visa for admission to the United States. The EB-5 investor (and his or her derivative family members) is granted conditional permanent residence for a two-year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa. The Conditional Permanent Resident card will be valid for two years, and can be extended for one year upon receipt of a properly filed Form I-829 Petition by Entrepreneur to Remove Conditions. Any extensions are normally for one year and the investor is authorized to work the entire period that they are considered to be a conditional permanent resident. Additionally, if the investor
becomes subject to proceedings, USCIS offices will limit the duration of the I-551 stamp until the date of a scheduled master calendar hearing or merits hearing. To ensure proof of valid immigration status, the investor may have to make repeated visits to the local USCIS office until the investor’s case is decided. If extended foreign travel is required during this period, the investor should coordinate trips abroad within the period of his or her valid status.

Some of the issues reviewed for internal research purpose are:

AILA-EOIR April 2011 governing the change of venue requirements and procedures.

Obtaining temporary stamps evidencing CPR status

Traveling issues

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