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How can an investor reapply for EB-5 after a failed investment?

I have a conditional green card, but the EB-5 project was never really completed. I know that the conditions will not be removed. I am in the United States already. Can I start another EB-5 application? Or do I need to abandon my current conditional permanent resident status, return to my home country and apply again? Would seeking an F-1 visa and then reapplying for EB-5 be an option?

Answers

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Since you are physically present in the United States as a conditional permanent resident, you are unable to change to a non-immigrant visa, i.e. F-1. If you are unable to obtain your legal status in the United States, you have to return to your home country and wait for the new I-526 to be approved. However, before deciding to leave, check with an attorney to see what other opportunities may be available to you.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Seeking an F-1 student visa is not the solution. You may be able to file another I-526 petition and obtain a new conditional green card that way. You should contact an experienced EB-5 immigration attorney who can advise you regarding your options.

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    J Bruce Weinman

    Immigration Attorney
    Answered on

    You cannot file another I-526 now. You can leave the United States, and after revocation of the permanent resident status, re-apply for an EB-5 or F-1. If you come back with an F-1, you can then apply again for an EB-5.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You have to file a new I-526 and get it approved. USCIS will allow filing a new I-526. I doubt you can get a student visa.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Based on the denial of a petition to remove the conditions of permanent residency, you can file another EB-5 investor petition. Alternatively, you can withdraw your conditional permanent residency and then file another EB-5 petition with a new personal investment.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As you have already received a conditional green card and clearly expressed immigrant intent, you will not be able to change to a non-immigrant visa like F-1. It is not clear how your investment was made with whom but, if you could get your funds back or have another source of funds, you might be able to invest in another regional center project and obtain another conditional green card. I have had several clients come to me after they had this kind of failure with other lawyers and projects. It is very important to choose the right regional center with a great track record this time so that this will not happen again.

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    Sara Wang

    Immigration Attorney
    Answered on

    We have a few clients who had found themselves in your shoes. The best case scenario is that if you can continue to extend your current conditional status on a yearly basis, you can reinvest and reapply for another EB-5 while you wait for that adjudication in the United States. Whether you may continue to extend your conditional status will depend on the current situation of your prior investment. If you cannot continue your current status, you will have to return to your home country and wait for the new I-526 to be approved and new immigrant visa issued. In the meantime, if you would like to return to the United States on a non-immigrant visa and opt for a change of status when your I-526 is approved, you may do so. However, be aware that due to the fact you have previously applied for an EB-5 visa, any non-immigrant visa application may be more difficult to be approved since you have demonstrated your immigrant intent.

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    Robert Lee

    Immigration Attorney
    Answered on

    You can apply for another EB-5 any time if you think your investment will not fulfill its conditions. You do not need to abandon your current conditional permanent resident status. However, you will have to wait two years again to remove conditions with the new EB-5 petition. As long as you are in status now you will not have to go back to your country. Before you give up on the existing investment, I would recommend consulting with an experienced EB-5 attorney to see if you could find a way to remove the conditions. Might as well try as you got nothing to lose.

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    John J Downey

    Immigration Attorney
    Answered on

    Usually if the project failed you are out of luck and have to start over. But if you were the victim of a fraud you may wish to obtain counsel and ask USCIS for a ruling. Seeking an F-1 and applying again is an option.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Either scenario may work but it would be best to talk out the details. If your I-829 is pending, you are still a permanent resident until they revoke it.

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