EB5 Investors Magazine Volume 7, Issue 1 - Page 70

EB5 INVESTORS M AGAZINE 68 ...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