Following the February 28, 2025, policy memorandum, an I-829 denial can now directly lead to a Notice to Appear (NTA) in Immigration Court Removal Proceedings. We have the expertise in both EB-5 Policy and Immigration Court Removal Proceedings to guide you through the process. 

Those who have been denied at the I-829 stage and are placed in Removal Proceedings have many options to fight their denial. The Conditional Green Card issued after approval of the I-526e remains in place until the Immigration Judge’s final decision. However, even if the Immigration Judge rules against the investor, then the denial can still be appealed to the Board of Immigration Appeals (BIA), and the Conditional Green Card will remain. Furthermore, investors can also consider filing a new I-526e and requesting termination of their Immigration Court Proceedings.  

Once an I-829 is denied and an NTA is issued, the investor is inclined to attend Immigration Court Removal Proceedings. Simply ignoring the NTA and self-deporting from the United States could lead to an Order of Removal by the Immigration Judge, potentially barring an investor from returning to the United States. If an investor that is now placed in Removal Proceedings does want to leave the United States while retaining the option to return at a later date then they must proceed with requesting Voluntary Departure from the Immigration Court.

Contact us for a free consultation to explore your options.