If my I-829 is denied, do I revert to my previous status?

Not in the way many people assume. The I-829 is the petition that removes the conditions on the Green Card obtained through EB-5, and a denial does not automatically return the investor to conditional resident status or to any prior immigration status.

In practice, a denial means the conditions for establishing permanent residency were not found to have been met, which typically leads to the termination of conditional status. It is not a return to a previous stage, but rather the end of that pathway, with all the immigration consequences that entails.

That does not mean there are no options. Depending on the case, it may be possible to:

• File an administrative appeal against the decision.
• Request a motion to reopen or reconsider the case, where applicable.
• Defend your status in any resulting immigration court proceedings.

Each of these options has its own rules and timelines, so when facing a denial, the safest course is to confirm the currently available options with USCIS or with a qualified immigration professional before taking any action.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.