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What is the best next step when you find out your I-526 application was submitted with mistakes?

My attorney has recently submitted my I-526 petition. After getting the notice and copy of the petition filed, I saw a lot of mistakes in the I-526 application. Their mistakes included a minor error in mailing address, the wrong net-worth amount and the wrong date of initial investment. Also, My physical addresses for last 5 years, a record of my entry to the United States, some passport information, and my A-Number were all missing. Should we submit a supplement or file a new application?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    If you submitted your I-526 petition a few weeks ago then you could re-file your I-526 petition. However, extra filing fees would be required. If your I-526 petition was filed a few months ago, then you may not want to re-file your I-526 petition and lose your priority date. You may file an inter-filing with the corrected information. Or alternatively, you could wait for a Request for Further Evidence to supply the corrected information.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    I would recommend interfiling the corrected information with evidence supporting the corrections and an attorney''s explanation of scrivener''s errors. Interfiling is not guaranteed to actually get into your pending case. If you get a request for evidence, you will have an opportunity to correct information at that time as well. You may also email EB-5 IPO office and explain. You are generally required to review what you sign.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no reason to withdraw your submission. You will lose your place in line. You can supplement your filing and hopefully, the information makes it into the file. If it does not, you can email the USCIS Immigrant Investor Program Office and advise them. Also, if USCIS issues a Request for Evidence (RFE), you can take that opportunity to correct the form, in addition to timely responding to all of the specific requests made by USCIS.

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    Barbara Suri

    Immigration Attorney
    Answered on

    I have NEVER had this situation, but it is my opinion that you could submit a corrected application and not have to refile. Of course, refiling is possible and more expensive.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your EB-5 Investor Petition on Form I-526 has that many mistakes, you should probably think about getting another attorney as those errors are unacceptable. You would normally file an amended petition to the extent that these changes are deemed to be material, on Form I-526 highlighting the changes. You would not want to file a new petition as you would lose your place in line and would have to pay a new filing fee, so you should file a supplement clarifying the mistakes on the original petition.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Since these are non-substantive errors, no action is needed at this point. However, if USCIS issues a Request For Evidence for additional information/clarification on substantive matters, you can at that time provide the corrected information in addition to the requested info/docs.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should file an amended petition and seek correction of the pending petition as soon as possible. This curative effort is necessary before the USCIS starts making decision(s) on the petition. Otherwise, the USCIS will be acting on an erroneous petition with inaccurate results.

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    Ting Geng

    Immigration Attorney
    Answered on

    You can correct those mistakes by filing an amended form I-526 with the USCIS. Please indicate your case number on the cover page and enclose a copy of your I-526 Receipt Notice.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    To best address the errors, you should not submit a new application. That will only cause confusion. It is best to submit a detailed supplement advising of the errors. Also, you should certainly seek out new immigration counsel when doing this, as there should be no errors in filings.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    I am sorry to hear that you went through that with your lawyer. I would recommend having a new lawyer carefully review your I-526 petition. Then, the decision would be to either submit an inter-filing with USCIS, or to wait and see whether USCIS issues a Request For Evidence (RFE). Ultimately, we will have to make sure that you were eligible at the time of filing the petition. Curing or fixing mistakes need to be carefully addressed.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is an important question. USCIS is very focused on details and where they find any significant discrepancies they accuse the applicant of misrepresentation. It is therefore critical for all information to be precisely checked before submission. At this time the lawyer should explain how the error occurred and it might be smart to correct it through an interfiling with documentation to corroborate the authenticity of the response. If this was my case, I would explain how the error occurred and correct it promptly.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Different attorneys take different approaches, but I would supplement this application and provide a corrected I-526.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    In order to keep the Priority Date of filing, I would suggest that you file the supplement to correct the errors. However, if the forms have so many errors, how assured are you about the rest of the petition package? Particularly the source of fund trackings, upon which the success of your petition will be determined along with the business side documents from the regional center if that is the route you took. It may be worth it for you to have another expert review the whole petition to advise you on course you should take in order to give you the best possibility of success.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Once you get a receipt, make all the corrections and send in new forms or new pages with corrections. You should also explain the attorney made mistakes. You were supposed to review before signing.

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