Our client came to the United States as an EB-5 investor, and after two years as a conditional permanent resident, he was ready for the final step: removing the conditions on his green card. Then, while he was in China, a sudden and serious medical emergency put him in the hospital — during the very weeks USCIS had scheduled his biometrics appointment. He did what USCIS asked of him: he rescheduled, he documented his condition, he asked a U.S. consulate to step in. It was not enough. USCIS denied his Form I-829 for failing to appear, and with it, his path to permanent residence seemed to close. We filed a Form I-290B Motion to Reopen built around the medical record USCIS had never fully considered, and in July 2026, USCIS agreed: his case would be reopened.

How a Hospital Stay Became a Green Card Denial

EB-5 investors do not receive a green card outright. They first become conditional permanent residents for two years, and near the end of that period they must file Form I-829 to remove the conditions — a process that includes an in-person biometrics appointment USCIS generally requires be completed inside the United States. For an investor who happens to be abroad when that notice arrives, the requirement can become a trap.

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That is what happened here. Our client was in China when USCIS scheduled his biometrics appointment, and before it arrived, he suffered a serious cardiac emergency that required surgery and hospitalization. Flying was not an option. He rescheduled twice through USCIS's online system — first to a later date in February, then into March — and obtained medical documentation stating plainly that international travel posed a health risk. When the online portal's rescheduling limit ran out, he asked the U.S. Consulate in Beijing to take his biometrics locally instead. The consulate could not accommodate the request in time. By the end of March, no appointment had been completed, and in April 2026, USCIS denied his I-829 for failure to appear.

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Why a Missed Fingerprint Appointment Threatened Everything He Had Built

An I-829 denial is not a delay — it is, in effect, the end of conditional permanent resident status. It can unravel years of investment, residency, and planning over a single missed appointment, regardless of the reason behind it. For our client, the denial meant the very real risk of losing the status he had spent two years building his life around, through no fault of his own.

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The Form I-290B Motion to Reopen That Won

USCIS denials for a missed biometrics appointment are not always the final word. Under 8 C.F.R. §§ 103.5(a)(2) and (a)(3), a Motion to Reopen filed on Form I-290B can persuade USCIS to reconsider a denial when new facts — properly documented — would have changed the outcome. The challenge is building a record strong enough to meet that standard.

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We assembled and filed the motion with strong legal argument and extensive supporting evidence, and USCIS received it in early May 2026. USCIS agreed. Roughly two months after filing, on July 8, 2026, USCIS granted the motion, reinstating his I-829 petition for a decision on the merits.

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What Reopening the Case Means for Him Now

The grant does not itself approve his green card — it reopens the case USCIS had already closed, putting it back in front of an adjudicator for the decision he was denied the chance to receive the first time. In the meantime, his conditional resident status remains protected while USCIS completes its review. For a case that appeared finished in April, that is significant ground regained.

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A Missed Biometrics Appointment Doesn't Have to Be the End

If there is a lesson here, it is that a USCIS denial for a missed appointment is not automatically final — even when the applicant did everything he could to prevent it. A well-documented Motion to Reopen, filed on time and built around real medical evidence, can put a closed case back on the table.

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Nationwide EB-5 and Green Card Representation

At the Law Offices of Sabrina Li, we represent clients nationwide in EB-5 investor petitions, removal of conditions on permanent residence, and motions and appeals before USCIS. Founding attorney Sabrina Li is a Certified Specialist in Immigration and Nationality Law — a designation awarded by the State Bar of California Board of Legal Specialization only to attorneys who have demonstrated extensive experience, passed a rigorous examination, and been evaluated by their peers. Immigration is federal law, so from our California and Texas offices we handle cases for clients in every state.