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What are my options if my regional center is terminated during the I-526 adjudication?

The regional center I invested through is being terminated and my I-526 petition is still being reviewed. Can another regional center take over the project I invested in? There is no problem with the project itself and I have no desire the to file a new petition. I have been waiting two years now and I do not want to start the process over. What are my options in this case?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There have been proposals for cases like these to be ported to new regional centers, but, for right now, you may have to refile.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is tough when a Regional Center is terminated. The options are limited for a host of reasons. First, it is likely the USCIS will terminate all petitions filed by the RC. Second, upon termination, there is no further entity to handle the pending petitions. Third, it is very rare to find another RC to undertake the existing obligations of the terminated RC. Unfortunately, you may have to start all over again. I hope your investment fund can be recovered.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If USCIS terminates the regional center authority/designation, EB-5 investors could be stranded if their immigration cases are in progress. There is also a possibility that cases previously approved could be reopened and denied if it is determined that previous approvals were based on false statements. When USCIS terminates the regional center upon which EB-5 investors have based their cases, the impact on and remedies available to the EB-5 investors vary depending on the stage of the case at the time of termination. If the regional center's approval is terminated while an investor's I-526, Petition by Alien Entrepreneur, is pending, the I-526 petition is likely to be denied. However, the result may be different if the project is unchanged but switches its affiliation to a different regional center while the I-526 petitions are pending.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    In the past, it has been possible to switch to a new regional center. More recently, at a stakeholder meeting, we got the impression it may not be allowed. Since we are seeing changes, including new legislation, it is likely you will be able to substitute with a new regional center if that legislation passes.

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    Irina Rostova

    Immigration Attorney
    Answered on

    USCIS has not given a response as to how they will treat investors from terminated regional centers. The project operators can probably seek guidance directly from USCIS, but my recommendation is for the project to seek a new Regional Center that can sponsor them and try to file the amendment with USCIS while the petition is still being adjudicated.

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