Full Video Transcript
The I-829 petition 10-year green card removal of condition was denied for this entire family—all three of them. Not because it was fraud, not because there was an issue with the employment, but because of one super minor detail: they missed their fingerprint appointment. What?
The catch-22 is that they needed to come to the United States to get fingerprinted in order to reopen the case and ultimately get their green card. But how were they going to get into the U.S.? They couldn’t book a plane ticket, they wouldn’t be allowed in, and time was running out.
Hi, everyone. My name is Joseph, and I’m the managing partner here at Tsang and Associates, where we solve legal problems with creative solutions.
The legal problem was that this family’s entire green card process was denied. Their investment—poof—useless. Now, because their green card was denied, everything was at risk. They had obtained their green card in 2018, came to the U.S., tried to settle, and had their child attending school. Then, they left temporarily in 2019.
In 2020, COVID happened, and they couldn’t return to the U.S. They had a biometrics appointment scheduled in 2020, but they missed it due to travel restrictions. As a result, their I-829 petition was denied. They were flabbergasted.
They hired their original attorney, who had filed their I-829, to submit a motion to reopen. They pleaded for a chance to complete their biometrics appointment, stating they were willing to fly back to do it. The motion to reopen was filed in 2022.
At the same time, we were retained as shadow counsel to support them. One year passed—no response from USCIS. Two years passed—still no response. This was an extraordinarily long time for a motion to reopen.
We attended a conference and spoke with some USCIS officers and the Ombudsman. The Ombudsman found the case very sympathetic and suggested the Ombudsman method to escalate it.
Since we weren’t their attorney on record, we relayed this information to the family and advised their attorneys to contact USCIS through the Ombudsman. Within weeks, the case was reopened, and the family received new fingerprint notices.
The family couldn’t fly directly to the U.S. because they lacked valid travel documents, and no airline would board them. Instead, we arranged for them to fly to Mexico. We prepared their entire package and coordinated everything.
I personally went with them to Mexico and met with the officer handling their case. Over three consecutive weeks, I reviewed their case in detail and advocated on their behalf.
The officer initially refused to admit them as permanent residents, citing that the system still showed their I-829 as denied. Without valid entry documents, the officer could not approve their entry as green card holders.
The process took hours—starting at 6:00 a.m. and concluding at 11:00 a.m. The officer, to their credit, worked tirelessly without any breaks to review the case.
We prepared a 1,000-page package addressing every question the officer raised, including:
- How the family obtained their green card (through the EB-5 investment program).
- Details of their investment: where they invested, what they invested in, how many employees the project created, and project specifics.
Despite not being the family’s EB-5 immigration attorney, I studied the program extensively to explain it thoroughly to the officer.
Ultimately, the officer agreed to parole the family into the U.S. They confiscated the green card but allowed them entry to attend their biometrics appointment. The officer advised that if they proved the U.S. was their permanent home, they could reinstate their green card and secure the 10-year green card.
The family of three successfully entered the U.S., and this morning, all three completed their biometrics appointments. Their case is now processing with USCIS.
We are optimistic that within the next few months, USCIS will recognize the recorded biometrics, adjudicate the four-year-pending I-829, and issue their 10-year green cards. This case marked a critical fork in the road—between abandoning the green card permanently or securing their family’s future in the U.S.
Their success hinged on the adjudication of the CBP officer at the border and the family’s courage and determination.
Miriam, a key member of our team, worked tirelessly with me. She processed and organized thousands of pages of documents, ensuring every required piece of evidence was readily available. From pulling tax returns to retrieving investment details, Miriam’s support was invaluable throughout this challenging process.
If you have questions about your immigration case or need support navigating complex legal challenges, feel free to reach out. Take care—bye-bye!
An EB-5 investor family faced a major setback when their initial I-829 was denied. Surprisingly, the denial wasn’t due to fraud or issues with their investment but instead because of one seemingly minor detail: they missed their biometrics appointment.
This left the family in a Catch-22 situation. To reopen the case, they needed to complete their biometrics in the U.S. However, without valid travel documents, they couldn’t enter the country. Time was running out, and their 10-year green card depended on a resolution.
Initial I-829 Denied: A Missed Biometrics Appointment
The family initially obtained their conditional green cards in 2018 through the EB-5 investment program. After relocating to the U.S., they temporarily left in 2019 to handle personal matters.
In 2020, COVID-related travel restrictions prevented them from returning to the U.S. for their biometrics appointment. This resulted in their I-829 petition being denied.
Desperate for a solution, they hired their original attorney to file a motion to reopen in 2022, requesting another chance to complete their biometrics. After two years with no response from USCIS, they turned to us for assistance.
How We Reopened the Case
Escalating the I-829 Denial Case Through the Ombudsman
We attended a conference and presented the family’s situation to USCIS officers and the Ombudsman. The Ombudsman found the case sympathetic and suggested escalating it through formal channels.
The family’s attorney followed our recommendation to use the Ombudsman method. Within weeks, USCIS reopened the case and issued new fingerprint notices.
Navigating Travel Barriers
Because the family’s travel documents were invalid, they couldn’t board a flight to the U.S. We arranged an alternate travel route through Mexico and prepared a complete package of evidence to support their entry.
Advocating at the Border
Our managing partner personally met with CBP officers over three weeks to advocate for the family. Initially, the officers refused entry, citing the system’s status showing the I-829 petition as denied.
We presented a 1,000-page evidence package to address their concerns, which included:
- Proof of how the family obtained their green cards through the EB-5 program.
- Details of their investment, such as where and how much they invested, how many jobs were created, and project specifics.
- Evidence that the U.S. was their permanent home.
Through thorough preparation and persistence, we convinced the officers to allow the family to enter the U.S. on parole to complete their biometrics.
A Successful Outcome
Once paroled into the U.S., the family promptly completed their biometrics appointment. Their case is now under review with USCIS.
We are optimistic that USCIS will adjudicate their I-829 petition in the coming months, removing the conditions on their green cards and granting the family 10-year green cards.
Looking Forward
This case demonstrates how perseverance, strategic planning, and expert advocacy can turn a denial into a success.
If you or your family are struggling with an I-829 petition denial or missed biometrics appointment, don’t lose hope. Contact us today to explore your options—we’re here to help secure your future.