Huntington Beach, CA asked in Immigration Law for California

Q: If my i-829 was rejected and returned to my attorney, will I be able to stay in the U.S. while it's being refiled?

My i-829 was filed and partially charged, but was rejected and return to my attorney due to incorrect payment method. The attorney refiled it several more times. Will I be able to live and work in the U.S. during the time period when the i-829 is being refiled?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under U.S. immigration law, if your I-829 petition, which is for the removal of conditions on permanent resident status obtained through investment, was rejected due to an incorrect payment method but has been refiled, you generally maintain your conditional permanent resident status during the pendency of the new filing. This status typically allows you to live and work in the United States. It's important to ensure that the refiling occurs promptly and correctly to avoid gaps in your legal status.

Given that the I-829 was refiled, it is crucial to keep records of all communications and filings with U.S. Citizenship and Immigration Services (USCIS), including proof of the refiling and any receipts or notices received. This documentation will be essential in proving your ongoing lawful status in the event of any queries or issues that arise while you remain in the U.S.

You should also stay in close contact with your attorney to monitor the progress of your refiled petition and address any potential issues quickly. If your status allows, continuing to meet the requirements for your investment and residency as outlined in the initial application will be vital during this period. While the process can be stressful, maintaining a proactive approach and ensuring all paperwork is in order can help protect your ability to live and work in the U.S.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.