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Can an attorney help if my EB-5 I-526 petition is denied?

Can I use an attorney after I tried to prepare all documentation and business plan by myself and get failed? Can I try to prepare all documents required by USCIS, and file them by myself, if I failed can I ask an attorney for correction all my mistake and file them for me again?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    I would not recommend that you cut the corners and prepare the I-526 petition yourself. This is a complex petition which requires a qualified immigration attorney''s assistance to ensure it is prepared properly. It will generally cost you more money to correct mistakes. If the petition is denied, you may refile again; however, it will delay your immigration process significantly.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    You may be able to file a new I-526. Immigration counsel would be able to review the basis for the denial and advise you on whether or not the deficiencies can be cured. Please contact me directly if you would like the file reviewed.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You can apply multiple times. However, an EB-5 is a very sophisticated application and I strongly suggest that you file through an experienced immigration attorney.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Once a case is denied, it is harder to overcome the denied reasons and get it approved. Thus, you will be spending nearly double the attorneys fees because it will take more work to correct the mistakes of the previous case. This also will delay your immigration process by at least another year since it is taking USCIS 10 months to review I-526 these days. I would strongly urge you to hire an experienced EB-5 attorney to prepare and file your case properly in the first place, because this will actually save you both time and money.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    That is a difficult question. It all depends on why the petition was denied and where we are in the process. We recommend you spending the money to hire an attorney up front so you are not dealing with any unnecessary issues down the road.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You could do that. The attorney could either appeal, if there was an error of law, refile, if there was none, or notify you that you were not eligible to begin with. You might save a lot getting it done right the first time. Considering the size of the investment, getting an attorney is very worthwhile and greatly increases the chance of success.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Dear Sir or Madam: Good afternoon! I hope all is well. An attorney can help you to refile and make the necessary corrections. Please feel free to contact me to help you with your case. Thank you.

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    Toni L Castel

    Immigration Attorney
    Answered on

    Unfortunately, your I-526 application will probably be denied if you have prepared the documents and business plan, yourself. This is one of the most difficult visas to file. If you have not yet prepared the application or filed it, please talk to a lawyer who has experience in filing EB-5 petitions. If you have already prepared the application, you can still talk to an EB-5 lawyer to see if he/she can help you to save the application. It might not be possible, unfortunately. Good luck.

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    Susan Pilcher

    Immigration Attorney
    Answered on

    In most cases, yes. A qualified EB-5 attorney will be able to tell you if the grounds for the original denial would make a subsequent petition not approvable or unlikely to succeed.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    It is going to be much more difficult to file again after the petition has been denied and you will lose a year or more of waiting. Is it really worth it for you?

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    You are about to make an investment of $500,000 or more, move to another country (with your family perhaps) and start a new life. It is not prudent to make such a large investment of time and money, without the advice and counsel of a competent experienced attorney. The legal fees are a small price to pay for safeguarding your hard earned money and your future. If you do retain a lawyer to "fix" your petition it will end up costing you more than going with an attorney in the first place, due to the added burden of reviewing and fixing your petition. You may also create a problem that cannot be solved by an attorney and thereby ruining your chances of a successful petition in the future.

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    Mark Ivener

    Immigration Attorney
    Answered on

    Yes. It would have been a better idea to have had an attorney file the case in the first place. But now for sure, use an attorney now who will prepare a legal response to the denial along with documentation prepared by you.

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    Ali Brodie

    Immigration Attorney
    Answered on

    You may hire an attorney to assist with your I-526 petition.

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