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What happens when you win the diversity visa lottery while participating in EB-5?

I just managed to get my conditional green card through the EB-5 program and shortly after that I won the electronic diversity visa lottery. May I apply for a permanent green card? Is there any possibility to cancel my participation in investment program and the regional center I invested in and get my money back Is this situation somehow regulated by law or rules (DV Lottery or EB-5 rules)?

Answers

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Being randomly chosen as a selectee in the visa lottery does not guarantee that you will receive an immigrant visa. Selection merely means that you are eligible to apply for a diversity visa, and if your rank number becomes eligible for final processing, potentially you will be issued a diversity visa. However, in order to receive a diversity visa to immigrate to the US, your application still must meet all eligibility requirements under U.S. law. These requirements may significantly increase the level of scrutiny required and time necessary for processing. Unless you have actually obtained your permanent residency, you should not abandon your EB-5 immigrant project. Secondly, whether you can withdraw your investment from the EB-5 project depends upon the agreement you entered with the regional center. However, if you have already filed your I-526 with the USCIS, you have committed the investment funds and put them at risk in the investment enterprise. At that point in the EB-5 process, you have no legal recourse to have your investment refunded.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to obtain your green card with the lottery and cancel your I-526 petition. However, refunding your investment will depend on the particular regional center program you are participating in. Each regional center will have its own procedures and conditions regarding withdrawals and refunds.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should not abandon your conditional green card based on EB-5. It is highly advisable that you consult with your immigration attorney to discuss the specific of your case.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Once you obtain the conditional permanent residency card you will not be able to request that the EB-5 project return to you the investment amount. During the period of conditional permanent residency your investment is at risk. You may be able to withdraw your conditional permanent residency, not receive your investment back and then apply for your unconditional permanent residency based upon the diversity visa lottery you won.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    You need to make sure that you have not just been selected and actually receive your green card before abandoning your EB-5 application. Just because you were selected does not mean you will automatically receive a green card. There are more people selected than numbers available. Each case is assigned a number and you can only apply when your number becomes current. If you have not received your green card by the end of the fiscal year you lose your chance. As to getting a refund from the regional center, this will depend on your agreement with the regional center you invested in.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    This process may be a bit complicated and you really need to retain an experienced immigration attorney to guide you through this process. You do not want to abandon your conditional green card through EB-5 and then have an issue with your diversity lottery application. It is better to consult a professional to give you all of your options and make sure the case is handled properly.

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