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Questions & Answers

What if my I-526 Petition does not get approved?

I am from China and my attorney has recently filed an I-526. What if the USCIS does not accept by petition? Will the Regional Center most likely refund my money? Is that common practice for an EB-5 visa?

Answers

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    Kate Kalmykov

    Immigration Attorney
    Answered on

    You should review the offering documents you subscribed to determine the investment terms.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Most regional centers follow the practice of keeping the investor''s funds in an escrow account while the I-526 petition is pending. If the I-526 petition is approved, then the investor''s funds are transferred from the escrow account to the limited partnership associated with the EB-5 business project. If the I-526 petition is denied, then the investor''s funds are returned to the investor.

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    Brandon Meyer

    Immigration Attorney
    Answered on

    A Regional Center project''s refund policies in the event of an I-526 denial should be spelled out in the project''s offering documents.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    Yes. The details concerning a refund of your money should be found in your subscription agreement or limited partnership agreement.

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    Charles Raether

    Immigration Attorney
    Answered on

    It seems a little late to be asking this question now after you''ve already filed the I-526. In any event, each regional center has its own policy on refunds. I always insist that my client receive all of her funds and fees back (with the exception of fees paid directly to USCIS), but that?s not always the policy of all regional centers. However, I would say the vast majority of regional centers return the majority if not all of the administrative fee you paid (in addition to the $500,000 investment).

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    Robert P Gaffney

    Immigration Attorney
    Answered on

    The obligation of the Regional Center with regard to the handling of your investment capital should be clearly defined in the Offering Memorandum, Subscription Agreement, and related documents which you will be asked to sign by the Regional Center or the project company before making your investment. Many, but not all projects provide for the return of all or some of an investor?s capital upon the denial of an I-526 petition. It is important that prospective investors read and clearly understand the terms and conditions of the offer.

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