+1-800-997-1228
Questions & Answers

How long does it take to get a response after appealing?

My family''s EB-5 case got rejected, even though we were confident and proved that we are qualified to be an EB-5 investor. Immigration miscalculated the investment fee when they were calculating the exchange rate from Taiwan NT to USD. We already transferred the right amount of money out, when USCIS said it wasn''t enough. It has been about 24 days and we still haven''t got a respond yet. We do have some history where our visa got rejected which was about two years ago. When my mother''s E-2 visa expired and our renewal was rejected. Even if we are qualified for EB-5, are there other reasons where they can still reject us? How long does it usually take the immigration to give investors a response after an appeal?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    There are a few things that are not clear on your question. First, USCIS does not calculate currency exchange rate. If the money was transferred to a U.S. account, then it should have already been changed to dollars. It has been 24 days since filing the appeal? If an appeal was filed, it would take more than 24 days for the appeal to be adjudicated. As to your mother''s E-2 visa rejection, it should not have any effect on your EB-5 qualification. Please consult an experienced EB-5 immigration attorney for further analysis of your case.

  • Avatar

    Roberto Ortiz

    Immigration Attorney
    Answered on

    I would need to know if you appealed or filed a motion to reopen your case. Usually, appeals take about 12-14 months to be adjudicated. If you have any other questions, please do not hesitate to contact me.

  • Avatar

    Michael E Piston

    Immigration Attorney
    Answered on

    The USCIS has stated that the AAO generally tries to resolve most appeals in 6 months. If you are qualified for EB-5, then your I-526 petition should not be rejected. However, the next step after the I-526 is approved is to apply for an immigrant visa at a U.S. consulate or, if you are in the United States in a lawful status, filing an application for adjustment of status (form I-485) with USCIS. This second application could be denied if you are "inadmissible" for any reason. Whether someone is inadmissible is a complicated issue which would require more information. However, in most cases, if you have never been charged with a crime, nor remained in the United States illegally, nor been refused admission nor removed from the United States, then you probably are not inadmissible. In particular, the fact that you have previously been denied a visa would not, in itself, be a basis for denying you an immigrant visa as an EB-5 immigrant in the future. However, it is impossible to say specifically what the impact of a visa denial would be without more information such as, for example, the exact reason for the visa denial.

  • Avatar

    Lana Kurilova-Rich

    Immigration Attorney
    Answered on

    The most difficult hurdle to overcome is to show the source of money. You must convince USCIS that the source of this money was legal, so you must present them with the documentation to show where/how you obtained the money. If this is not an issue, and if the only issue is the conversion rate, it should be a simple issue to solve: Either you deposited enough money or you did not, depending on the conversion rate. If you deposited enough and the source of funds is not an issue, perhaps there is some other reason. It is difficult to tell you why your visa was rejected without actually looking at any documents, so all you can do is continue to inquire. Alternatively, if you have an immigration attorney, your attorney should advise you; if you did the process on your own, you may want to at least consult with an attorney to help you understand what may be really going on with your filing.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    You raise some very interesting questions which require a detailed analysis and opinion. It is advisable for you to seek the services of an experienced EB-5 attorney who has expertise in regard to the appeal process , and grounds of inadmissibility which may affect the issuance of a residency visa. If the appeal is taking too long, then it may be advisable for you, as a foreign national investor, to re-file the I-526 petition so that a new USCIS adjudicator will have the opportunity to review and hopefully approve the re-filed I-526 petition. The rejection of a previous E-2 Visa may affect the granting of your EB-5 permanent residency visa, if the previous ground for denial amounted to a ground of inadmissibility based upon such matters as fraud, misrepresentation, crime involving moral turpitude, or other grounds of admissibility which have no available Waiver application procedures to overcome the previous or current possibility of a denial of the EB-5 Visa.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is not a set timeline for the processing of appeals, but it will very likely take much longer than 24 days. It may take several months. The initial rejection should be the only basis for a denial of the appeal. That is, you would have appealed only the decisions made in the rejection. If USCIS did not raise certain issues in the rejection, they should not raise them when processing the appeal. If approved, the other matters you raise could become an issue when applying for conditional permanent residency. To help avoid these issues, we recommend retaining qualified U.S. immigration counsel with EB-5 experience, like our law firm, to assist and represent you.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    I suggest you retain a competent immigration attorney to review your case. With several rejections everything needs to be done exactly right. In many cases it is easier to re-apply than appeal, as appeals are quite lengthy.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    I am sorry to hear that your petition was rejected. The immigration officer does not have the right to fix the exchange rate. What was wrong when you exchanged Taiwan NT to USD? Are there any other reasons why they rejected this EB-5 petition? The E-2 renewal rejection should not affect the EB-5 petition.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Usually, the USCIS will respond to a motion to reopen or reconsider within 90 days. If the case goes to the Administrative Appeals Office (AAO), the process could take six months or longer.

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.