You are hereFrequently Asked Questions / EB-5 Processing & Procedures / [Q] Can an appeal of I-829 denial decision be filed with AAO or BIA?

[Q] Can an appeal of I-829 denial decision be filed with AAO or BIA?


Not unless USCIS denies I-829 and then certifies the decision. Usually, USCIS must issue NTA first, before the petitioner can "renew" the I-829 petition before the Immigration Judge, as part of the removal proceedings.