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?
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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.
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