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How can an investor in a failed EB-5 project keep their priority date?

I am the victim of a failed EB-5 investment project currently under SEC investigation. I do not know the details of the investigation. I think my I-526 petition case was approved before the investigation was initiated. I would like to move on to another EB-5 project, but I do not want to lose my priority date because I am from China and there is a long waiting line to receive a visa number. Is there any provision to protect my interests, since I am an immigration fraud victim? How can I keep my priority date for filing a new I-526 petition?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You cannot keep your priority date if you file a new petition.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I do not believe that USCIS can revoke your I-526 approval, but getting your I-829 approved in two years' time may prove to be impossible. The only current remedy is refiling, which would reset the priority date.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, the priority date in the EB-5 category is not transferable. However, if you have already entered the United States on a conditional green card, there is an argument to be made that because you have already used a visa number allotted to you, once the new I-526 is approved you could re-adjust immediately. Of course, this is just an argument that could be made and there is no guarantee that it will be successful.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    A separate priority date will be issued on the new I-526 petition. There is no portability with respect to a new I-526. You may always ask United States Citizenship & Immigration Services (USCIS) to, as a matter of discretion, assign the previously noted priority date. As for an SEC investigation, maybe you should reach out to the SEC to see if you can assist them in the fraud investigation.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    I am not aware of any statutory regulation regarding being a victim of fraud. However, if you write to USCIS, I am sure they may have an administrative remedy, as this happens too often.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your case was filed and approved, you should get to keep your priority date. If revoked, that could be a problem.

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