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How will the new rules about EB-5 loans affect a pending I-485?

My I-526 was approved with an EB-5 investment from a loan secured by the property of a relative. I am now adjusting status with the I-485 and received a biometrics appointment. Recently, I have seen new rules that a loan cannot be secured using a relative's property. How will these new rules affect my pending I-485 application? Will USCIS now reject my I-485 because of this new rule, since my original I-526 was based on a loan secured by the property of my relative?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is unlikely that the new unofficial USCIS policy (it is not a new rule or regulation) will affect processing of your I-485. If the USCIS seeks to revoke your I-526, this could present a problem, but that does not appear likely either. If you receive a request for evidence on your I-485 or a notice of intent to revoke your I-526 approval, you should immediately seek the advice of an experienced EB-5 immigration attorney who can assist in preparing the response.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The petition I-526 has already been approved. The USCIS may not re-adjudicate the I-526 petition during the process of adjudicating the I-485 application. New policies regarding loans to investors may or may not be followed by each USCIS adjudicator.

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    Robert Lee

    Immigration Attorney
    Answered on

    You will be fine. Your petition has already been approved.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since the I-526 was approved, the I-485 should not be affected unless USCIS revokes the I-526 approval, which is unlikely.

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    John J Downey

    Immigration Attorney
    Answered on

    Since you have been approved I think you should be safe. A new rule should not be retroactive.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    At this point, the I-526 is approved. The I-485 is based on your personal information, not the investment itself. There may be issues at the I-829 stage, but that is more concerned with the job creation and use of funds, not source. You may be OK, but USCIS has done some strange things with the ever-changing interpretation of the EB-5 rules.

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