Immigration Law

CA9 on Rights of Derivative EB-5 Beneficiaries: Mu v. Barr

Mu v. Barr

"Derivative beneficiaries of an alien entrepreneur in the immigrant investor program (EB-5 program), who receive conditional legal permanent resident (“LPR”) status, are entitled to the same review rights in removal proceedings as the alien entrepreneur. 8 C.F.R. § 216.6(d)(2). Thus, in removal proceedings, an immigration judge’s (“IJ”) failure to review the denial of an I-829 petition (even though the alien is a beneficiary of the petition) is error."

[Hats off to Christopher Helt!]