Traveling outside the United States after a Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status (“I-829 Petition”) denial is highly risky and strongly discouraged. While you, the investor and your family members, legally retain your Conditional Lawful Permanent Resident (“CPR”) status until a final administrative order of removal is issued by an immigration judge, U.S. Customs and Border Protection (“CBP”) enforces strict border policies, although improper, that can challenge your ability to return.

Filing the I-829 Petition is the final step for investors in the U.S. EB-5 immigrant investor visa program.  An approval of the I-829 Petition removes the two-year conditional restrictions on an investor’s residency, granting lawful permanent resident status, and allowing the investor, their spouse, and unmarried children under 21 to receive a 10-year “Green Card”.

The denial of the I-829 Petition does not immediately result in loss of an investor’s CPR status.  The investor and family may remain in the U.S. until a Notice to Appear (“NTA”) before an immigration judge is received and a final order of removal is issued by an immigration judge.

However, by leaving the U.S., the investor risks challenges in returning.

Key Border Risks

  • Denial of Entry: CBP may follow strict border enforcement policies and refuse to admit EB-5 investors at the port of entry if their I-829 has been denied but before an administrative NTA or final order of removal has been issued.
  • Border Detention: Returning investors who have an active NTA or immigration court case risk being detained by CBP agents at a port of entry such as an airport or border crossing as “arriving aliens”.
  • Coerced Abandonment: CBP officers may subject investors to intense secondary inspection, and pressure investors into signing Form I-407, Record of Abandonment of Lawful Permanent Resident Status to voluntarily abandon permanent residency and forcing a return to their home country.
  • Self-Deportation Risks: Leaving the country after an NTA is issued can, in certain legal contexts, be interpreted by the immigration courts as self-deportation or a voluntary abandonment of an investor’s ongoing removal proceedings.

If You Must Travel

If you must travel outside the U.S. after an I-829 Petition denial, you must carry your expired Green Card, the I-829 Petition receipt notice, which extends the validity of your Green Card, and comprehensive proof of your continued resident intent in the United States in order to return.

You should also consider obtaining a Form I-551 (“ADIT”) stamp in your passport before departing.  Some USCIS Field Offices are unclear about the eligibility of providing ADIT stamps in the event of an I-829 Petition denial.  You should be prepared to insist that you are eligible for the stamp.  Contact your immigration attorney for assistance if you are being challenged.

Recommended Steps

  1. Cancel Non-Essential Travel: If you are currently in the United States, postpone any international travel plans until your legal status is completely resolved.
  2. Expedite Your Return If Abroad: If you are currently outside the United States and an NTA has not yet been formally filed with the court, consider returning immediately before the USCIS systems fully update.
  3. Consult Removal Counsel: Speak immediately with an experienced immigration attorney specializing in deportation defense and EB-5 litigation to build your strategy for the immigration court.
  4. Be Prepared When You Return:  Have your documentation ready.  It is also advised that you have your immigration lawyer ready to interview with CBP if the agency is pressuring you at the port of entry.

If you have questions about whether you can travel outside the U.S. and return after your I-829 is denied, contact us at info@enterimmi.com