Filing form I-829 to remove conditions on eb-5 status

It is possible that if the I-829 is denied or not filed (among other reasons), that the investor and his or her family could go into removal proceedings. This situation may specifically lead to EB-5 removal proceedings for the investor and his family.
During 2-year CR period or after an interview at the end of the 2-year period,
Finds the applicant ineligible,
The burden is on the USCIS by a preponderance of the evidence.
However, if the investor fails to appear without valid cause at the interview, or fails to file a petition removing conditions,
The burden is on the investor to establish eligibility.

Presentation of Evidence: In the context of the IJ’s “review” of the denial of a conditional residence marriage waiver,
The alien may introduce,
And the Immigration Judge should consider,
Status During Removal Proceedings: An investor placed in removal proceedings remains eligible to travel and to work until a final order of removal.
Late Filing: The USCIS may accept an untimely filed I-829 if the alien shows that,
“failure to file a timely petition was for good cause and due to extenuating circumstances.”
The immigration judge may terminate the matter upon joint motion.

EB-5 Investment Visa — Removal Proceedings: risks, defenses, and immediate next steps

When an EB-5 investor or conditional permanent resident faces removal proceedings, timing and documentary proof matter enormously. Removal cases involving EB-5 visas commonly arise from alleged fraud or misrepresentation in the immigrant-petition process, failure to sustain investment/job-creation requirements, criminal issues, or immigration-status technicalities. Therefore, preserve your file, gather proof of lawful investment and job-creation, and consult counsel immediately to maximize defense options.

Common EB-5 removal triggers

Allegations of material misrepresentation or fraud in the I-526 / regional center materials or investor documents.
Failure to sustain the investment or to create required jobs by the relevant adjudication date (I-526/I-829 issues).
I-829 denial or delay leading to removal referral.
Criminal convictions or other grounds of removability affecting admissibility.

Immediate actions (first 48–72 hours)

Secure the A-file and all USCIS notices (I-526, I-829, RFEs, NOIDs) and make certified copies.
Preserve investment records: bank transfers, escrow agreements, subscription agreements, audited statements, payroll and tax records.
Collect proof of good faith: business plans, investor communications, board minutes, third-party audits, and contemporaneous records showing intent and steps taken.
Obtain counsel with EB-5 and removal-defense experience.
Avoid destroying or altering documents; spoliation risks are serious.

Evidence & procedural strategy (first 1–4 weeks)

Document the investment trail with bank statements and wire confirmations.
Show job-creation evidence: payroll records, tax filings, HR records, contracts, and auditor certifications linking the enterprise to jobs.
Address alleged misrepresentations with corrected documentation, explanatory declarations, and expert reports (forensic accountants, economists).
Consider motions to terminate removal, motions to reopen/reconsider prior denials, or affirmative filings (I-485) where applicable. Evaluate waiver options for inadmissibility grounds.
Preserve appellate issues: request transcripts, secure the record, and file timely appeals (BIA or federal court) if needed.

Tactical checklist

Gather A-file, I-526/I-829 records, RFEs and correspondence.
Compile source-of-funds documentation and escrow/transfer evidence.
Produce job-creation documentation and third-party verification.
Draft investor and sponsor declarations under penalty of perjury.
Retain forensic/accounting and economic experts where needed.
File immediate procedural relief (stay, motion to terminate, motion to reopen) when warranted.

How we help

We audit EB-5 documentation, prepare exhibit-ready source-of-funds packages, draft investor and business declarations, retain forensic and economic experts, file motions to terminate or reopen, and represent clients at removal hearings, BIA appeals, and federal petitions.