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.
Comments
Post a Comment