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.
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.