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How would construction on-hold impact the EB-5 green card and I-829 approval?

How would the pause of hotel construction due to cost escalation and replacement of the general contractor impact the process of receiving a green card and I-829 approval? My I-526 was approved and I am waiting in the queue for a visa interview. The forecast interview schedule is the first half of 2018. Is there anything I can do while I wait to protect my chances of getting the green card?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your investment must be at-risk, which includes the risk that the project does not move forward on time and that jobs may not be created. Please work with immigration attorneys who can help review your situation.

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    Charles Foster

    Immigration Attorney
    Answered on

    Under certain circumstances, depending on how long the construction was placed on hold, it could impact your eligibility to have your I-829 petition approved. Obviously, it is critical that the required jobs be maintained throughout the period that the I-829 petition is filed and approved. Thus, if the project is on hold, it may be difficult to meet that requirement. Since you have not yet acquired your lawful permanent residency, the period of time before you are eligible to file your I-829 petition could be several years or longer and the requirement is that the jobs be maintained throughout this period of time. While your conditional residency may be approved, it may be more difficult to have your conditions removed at the I-829 stage.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You will need to assess the viability of the project and whether they will be able to perform and create the required jobs. If not, you may want to look for alternatives.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    I think some big problems here are whether the EB-5 investor''s initial capital is in jeopardy if the project has been halted, and what would be the status of the project two years from now, and what protection is the EB-5 investor accorded if the project goes belly-up. At this point in your processing, as long as the business plan is still to create the jobs, investment made, etc., the I-526 should be adjudicated based on documents filed, unless USCIS specifically requests updated documentation and status of the project and its financial status.

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    Peter Zhang

    Immigration Attorney
    Answered on

    It may lengthen the time it takes to create the jobs for removal of the conditions to your permanent residence. At worst, you could not obtain permanent residence altogether.

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