EB5 INVESTORS M AGAZINE
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...strategize with your client
to seek any and all relief
from removal, including
cancellation of removal,
adjustment of status, asylum,
withholding of removal,
relief under the Convention
Against Torture, or in the
alternative, voluntary
departure, as appropriate.
”
INA §216A(b)(2), which applies in the event the I-829 was
filed but later denied, puts the burden on the government
in removal proceedings to establish that a condition is
met. Those conditions are limited to the following:
A: The investment in the commercial enterprise was
intended solely as a means of evading the immigration
laws of the United States;
B: The alien did not invest, or was not actively in the
process of investing, the requisite capital, or the alien
was not sustaining the actions described in clause
throughout the period of the alien’s residence in the
United States; or
C: The alien was otherwise not conforming to the
requirements of section 203(b)(5).
INA §216A(c)(2)(B), which applies only in the event that
“no petition is filed,” puts the burden on the alien in
removal proceedings to establish compliance with the
conditions of paragraphs (1)(A) and (1)(B).
SEEK REVIEW OF THE I-829 BEFORE THE JUDGE:
Also properly screen the case and strategize with your
client to seek any and all relief from removal, including
cancellation of removal, adjustment of status, asylum,
withholding of removal, relief under the Convention
Against Torture, or in the alternative, voluntar y
departure, as appropriate.
TEAM UP WITH EXPERTS:
Co-cou n se l a nd tea m up w it h a n i m m ig r at ion
court expert who knows and has a good reputation
with immigration judges and the DHS attorneys