Question:

You may have an opportunity to re-file your I-526 petition.

According to the statute and regulations, USCIS is supposed to TERMINATE status and you are supposed to surrender your greencards. USCIS is under a legal obligation to issue an NTA (Notice To Appear) in order to initiate Removal Proceedings. No IJ really wants to deal with your case nor do IJs have the time or expertise to tackle the issues in a business plan etc.., All an IJ would look for is the money and jobs. The IJ, and if appealed, the BIA would likely rubber stamp USCIS' decision. THAT would next take you to a Circuit Court of Appeals. Is it worth it?

After many I-829 case denials, USCIS has not been putting people in removal proceedings. Also, you must watch the issue of unlawful presence.

You will be put in removal proceedings and may request a de novo review of your I-829 Petition before an immigration judge.

You should file another I-526 if possible before removal proceedings are initiated.

If your I-829 is denied, the USCIS will terminate your permanent residence and seek removal in immigration court. You will have the opportunity to seek all appropriate relief under the immigration laws in court before an immigration judge.

If your I-829 is denied, USCIS will provide you written notice of its decision and the reason(s) therefor. USCIS will also issue you a Notice to Appear (NTA) to initiate Removal Proceedings in front of a U.S. Immigration Judge. At the Removal Proceedings, USCIS has the burden to establish, by a preponderance of the evidence, that the facts and information in your I-829 are not true and that the petition was properly denied.

If your I-829 is denied, USCIS will provide you written notice of its decision and the reason(s) therefor. USCIS will also issue you a Notice to Appear (NTA) to initiate Removal Proceedings in front of a U.S. Immigration Judge. At the Removal Proceedings, USCIS has the burden to establish, by a preponderance of the evidence, that the facts and information in your I-829 are not true and that the petition was properly denied.

If an I-829 is denied, USCIS currently issues a Notice to Appear (NTA) to initiate removal proceedings at immigration court. There is no appeal from an I-829 denial. However, in removal proceedings, the judge will review your petition and make an independent decision.