+1-800-997-1228
Questions & Answers

How can I revoke my EB-5 petition if I have no intention of getting a visa through the program?

I have gotten I-526 approval but my adjustment of status is pending, which will cost me another 2-3 years waiting. However, I will get married to a U.S. citizen soon, so I will not need to get a visa through EB-5. Is it possible to revoke my EB-5 visa and get my investment fully refunded?

Answers

  • Avatar
    Answered on

    For the immigration process, you can notify USCIS you are withdrawing the petition. As for the investment, it depends on the documents for your project. Some will allow refunds, others have certain conditions and others will not allow refunds at all.

  • Avatar
    Answered on

    You will need to review the terms of your regional center''s project documentation to determine when you may get your EB-5 capital back. This is an issue separate from your immigration process. You should consider not withdrawing a pending I-485 based on approved I-526 petition until you have filed I-130/I-485 case through your spouse and went to the marriage-based interview. If your case is recommended for approval at the marriage based interview, USCIS will ask you to withdraw a pending I-485 based on I-526 petition.

  • Avatar
    Answered on

    The security offering documents you signed may state the circumstances you will receive the funds back. In most instances, the legal commitment of your personal investment funds is legally separate from your immigration process or approval.

  • Avatar
    Answered on

    Yes, you can stop pursuing EB-5, but this means that you are essentially abandoning the process. Also, bear in mind that in the event of abandonment, your filing fee will not be refunded. However, whether you can get your investment fund, which might have been invested by the regional center (RC) you are working with, depends on a whole set of factors. First, look at your underlying agreement with the regional center; there should be a clause that describes the terms of exit in your agreement. Second, consider negotiating for an exit if possible. Finally, the RC may or may not accede to your requestthus, seek the exit if possible but, under no circumstances, should you attempt a breach. Advisably, talk to an attorney before proceeding to ensure your interest is better protected.

  • Avatar
    Answered on

    This is easy. Since you filed your own EB-5 investor petition on Form 1-526, you can individually or through your attorney withdraw same at any time. However, there is no downside in letting the petition continue as insurance just in case, for whatever reason, you are unable to qualify through your marital relationship. You could also, of course, contact your EB-5 regional center to determine their policy with respect to refunding your investment should you withdraw. In most cases, like other investors, you would have to wait through the investment period before you could expect any return of your capital.

  • Avatar
    Answered on

    There are two separate questions, here. Getting your money back depends on the documents you signed with the Regional Center. I would recommend not withdrawing the adjustment through EB-5 until you know the marriage adjustment is approved. You are allowed to have both pending but, once USCIS is ready to adjudicate one, you will then need to withdraw the other.

  • Avatar
    Answered on

    You could submit a request to withdraw your I-1485 adjustment application; however, you should be very careful about and review your Agreement regarding getting your investment capital back if you decide to withdraw at this point. If you already have an Adjustment of Status pending, to go through the marriage based Petitioning in order for you to be eligible to file for the adjustment again (now based on marriage) would seem a step backward.

  • Avatar
    Answered on

    Since your I-526 was approved, whether you could actually get your funds back from the limited partnership depends on the subscription and limited partnership agreement terms. You may always withdraw any pending application and stop the process. Your immigration lawyer should be able to do that easily enough.

  • Avatar
    Answered on

    You have two separate issues. If you revoke your adjustment, make sure you have valid underlying status or you can be placed in removal proceedings. First, you want to file a new adjustment based on your marriage. Then, after receipted and after you have your new work and travel card, then consider withdrawing the EB-5 based adjustment. However, getting your money back will be based on the subscription agreement and most likely getting married to a U.S. citizen is not a basis to cancel your subscription agreement.

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.