If Form I-829 is denied, the case will be referred to immigration court, where the investor will have another chance to gain I-829 approval. If the judge does not approve Form I-829, the decision can be further appealed. If, however, the petition is not approvable, the investor will either need to find another EB-5 investment or some other means to maintain lawful status in the U.S.—or face deportation. An experienced EB-5 immigration attorney will be able to guide an investor through this process.