+1-800-997-1228
Questions & Answers

How will EB-5 regional center termination affect an approved I-829?

My I-829 was approved four years ago and I now have an unconditional green card. The EB-5 regional center that my investment was affiliated with is about to be terminated by USCIS. There is no fraud or misrepresentation on my (investor) part. How will this termination affect my unconditional green card? Can my green card be revoked?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Your unconditional permanent residency will not be affected by the termination of the regional center.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    This may depend on why the regional center is being revoked. If there was fraud involved on the part of the regional center, your immigration attorney should work with you to monitor this issue. Hopefully, USCIS will issue guidance soon on how EB-5 investors in such cases will be protected.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If your I-829 petition to remove conditions was approved four years ago and you have an unconditional green card and the regional center was subsequently terminated, that should not in any way affect your unconditional permanent resident card.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    NO, once you have received your permanent residency, then the conditional status is over. The regional center status no longer affects you.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, while it may still be possible to argue the jobs were created and the investment sustained, termination of the regional center is a serious problem. USCIS is working on guidance on this new hot issue and this should be released very soon.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your unconditional green card will neither be affected nor revoked.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    There should be no affect on your already approved I-829, but it will depend on why the regional center is being terminated and the nexus between that and the project that created the jobs. Your lawyer should monitor this carefully and aggressively defend you.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It would be unlikely that the green card would be revoked well after I-829 approval. In fact, even during the conditional residency period, the investor may still be able to show compliance even if the regional center itself was terminated.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    The green card is yours and will not be revoked.

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    While USCIS may rescind the decision on an approved I-829, the recession period is five years. Unless you obtained the decision through fraud, there is no reason to rescind merely because the regional center designation is being terminated. However, if the reason for the termination involves fraud or misappropriation of funds by the project or regional center, then USCIS might consider rescission. You should discuss the specifics of your case with an immigration attorney to see if you are at risk.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.