What should I do if the American investment immigrant i-859 is rejected?

There are generally two options. One is to submit a new I-526 form and re-apply for EB-5 investment immigration. In another case, investors continue to submit I-829 applications and try to prove that the projects they have invested have not changed in essence and created enough job opportunities within a reasonable time.

Whether the i-829 application is qualified directly affects the success of American immigrants, which shows how important the i-829 application is. Once the i-829 application is not passed, it is very troublesome and difficult.

However, if the I-829 application is rejected, the applicant can take the following measures:

1. Spouses and children extend their stay in I-829:

USCIS stipulates that if I-829 is rejected until the final repatriation order is issued, foreigners must apply for temporary extension of their conditional permanent resident status. To prove his conditional resident status, his passport should be stamped with I-55 1. ?

2. How to refute the decision that I-829 application was rejected (i.e. appeal)?

First of all, there is no appeal against the rejection of the I-829 application. However, the applicant can request a re-examination of I-829 during the repatriation process. In this case, USCIS bears the burden of proof to prove that the investor should be repatriated and reject the investor's I-829 application according to law. This requires immigration judges to point out legal issues, such as whether the work calculation is carried out in an appropriate way, whether there is a fundamental change to the original I-526, and whether investors have created enough employment opportunities within a reasonable time or will create enough employment opportunities.

If investors ask for judicial review of the I-829 negative decision made by the immigration judge, investors must appeal to BIA. In such an appeal, investors have the responsibility to prove that they are qualified to continue their conditional resident status. If BIA is also rejected, you can appeal to the Court of Appeal. However, once the final administrative order is issued, investors are not eligible to continue to provide proof of their conditional resident status. What if, regardless of the investor's own efforts, there is no notice? Yes? Appear (so investors can't reapply in front of the immigration judge), then they may have to go to the federal district court.