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How will my EB-5 application be affected if I change immigration attorneys?

I will be submitting my I-829 application and would like to work with a different attorney than the one who filed my I-526 and I-485. Is it possible to change attorneys at this late stage in the immigration process? Will I need to provide USCIS with different documentation? How will my EB-5 application be affected if I change immigration attorneys?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You have a right to engage a different EB-5 attorney. He or she will file a USCIS Form G-28 to enter appearance in connection with filing your I-829 petition. Changing counsel should not affect your new case (I-829). Sometimes it is prudent to work with same counsel because he or she knows your case best. However, if you are not satisfied with his or her work, you have the right to change counsel.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    You are free to obtain another immigrant attorney to represent you in the I-829 application stage, or at any stage. When you file the I-829 application, include Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. This form is signed by both you and your new attorney and notifies USCIS that your new immigrant attorney is authorized and eligible to act on your behalf.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your new filing will be accompanied by a new form G-28, notifying USCIS of your new attorney of record. Your new attorney will need to review your case and work with the regional center or new commercial enterprise for the documentation..

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can retain a different immigration attorney to file your I-829 petition. It is always advisable to retain an EB-5 attorney who has the expertise and experience to represent you effectively.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    A change of counsel should not affect your application. The attorney will just need to file a new G-28.

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    Sufen Hilf

    Immigration Attorney
    Answered on

    Changing lawyers should not affect your I-829.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    The short answer is no problem. If you are concerned as to whether the new attorney knows everything about the documents submitted previously, you should make your new attorney aware. There are a few steps immigration attorneys can take that make sure the data and documents are consistent between I-526 and I-829. USCIS does not take a position on the choice of immigration attorney. As long as the new attorney submits the proper authorization, USCIS will communicate with the new attorney.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The choice of attorney is absolutely your right. At any step of the process you could change attorneys. The new attorney will be filing G-28, Notice of Representation, along with the I-829 application.

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    Michael A Harris

    Immigration Attorney
    Answered on

    It should have no impact on your case (assuming your new immigration attorney is better qualified). Since you have not filed the I-829 yet, your new attorney will simply be notifying USCIS upon filing that he or she is the new attorney. Even if the I-829 were filed, it is not unusual for a new attorney to substitute after in the event of a Request For Evidence.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not be affected at all. Ask your prior attorney for a complete copy of your file. I suggest you interview a couple to see who fits your style and you have confidence in them.

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    Ian E Scott

    Immigration Attorney
    Answered on

    If you change lawyers to file the I-829 it will not impact your EB-5 application at all. You are free to change lawyers and you can have a new lawyer complete a G-28 on your behalf.

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    Melanie Yang

    Immigration Attorney
    Answered on

    Your I-829 application will not be affected because you hire another lawyer to file it. Your new lawyer just needs to provide a G-28 form. As long as your new lawyer has experience and knows about the requirements for I-829 to be approved, you do not need to worry about changing lawyers.

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    Sharon Shi

    Immigration Attorney
    Answered on

    Of course you can. Your case will not be affected. Your new attorney will know how to proceed.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; it is possible to change attorneys, and in fact, it is quite common. There should not be any effect on your I-829 petition. Make sure you retain an experienced EB-5 immigration attorney who has represented EB-5 investors successfully in the past in multiple situations and obtained I-829 approvals.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    It will not impact the EB-5 process if you change attorneys. It happens all the time. Your attorney will submit a Form G28 Notice of Attorney with their contact details concurrently with filing the form I-829.

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    Kyle Barella

    Immigration Attorney
    Answered on

    It is not a problem at all to use a different attorney for your removal of conditions. The I-526 and I-829 petitions are separate matters.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    You are free to change attorneys and your former attorney is ethically bound to cooperate with you and your new attorney.

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    Anthony Korda

    Immigration Attorney
    Answered on

    You can choose a different attorney to file the I-829. Your new attorney will ask you to complete a Form G-28 Notice of Appearance and will ask you to execute a retainer.

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    Denyse Sabagh

    Immigration Attorney
    Answered on

    Yes, you can change your attorney. It should not affect your EB-5 application. You have a right to have representation by the person you choose.

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    Kevin Michael Reilly

    Immigration Attorney
    Answered on

    You can change your attorney at any time. You do not need to explain anything to the USCIS.

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