If my I-829 is denied, can I just leave the US? - EB5Investors.com

If my I-829 is denied, can I just leave the US?

I am a CPR awaiting I-829 adjudication since 2014. I am a dependent on my mother’s EB-5 application. My I-829 petition is likely to be denied due to fraudulent activity by the Regional Center principal. If it is denied, can I simply depart the US without going through removal proceedings/voluntary departure? I am no longer interested in obtaining a Green Card and just want to leave. I have no criminal record or immigration violation. I have been a CPR since 2012 and have lived in the US for 10+ years.

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys Directory
Answered on

You are still an LPR even after denial so maybe best to formally surrender your green card status. Also, if you been here for 10 years on a green card you may be eligible for cancellation of removal.

Dennis Tristani

Dennis Tristani

Immigration Attorneys Directory
Answered on

Yes, you can simply file Form I-407 to abandon your LPR status and depart.

Lynne Feldman

Lynne Feldman

Immigration Attorneys Directory
Answered on

Yes you can or you can formally abandon your green card with the I-407.

Ying Lu

Ying Lu

Immigration Attorneys Directory
Answered on

Yes, you can choose to leave voluntarily.

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