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What is the next step after EB-5 petition denial?

My family recently applied for an EB-5 visa to obtain citizenship in the United States. However, after almost a year of ongoing investigation into our finances and background records, we were denied. We are British citizens, no criminal records, full financial backing and intend for our children to work in the United States. What could we have possibly been denied on? And what action can we now take to reapply?

Answers

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    We need to know why USCIS denied your application, and then we can make a plan for how to do the next step.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If your I-526 petition was approved, you could probably reapply for the visa. There is not an appeals process. Without knowing the details of your case or reason for denial, we would want to perform a full review and help with obtaining the proper documentation.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The USCIS will issue a written decision for any denied petition. Within 30 days of the date of the decision, you can file a motion to reopen/reconsider or you can file a notice of appeal. You also have the option of re-filing the petition at a future date. It is advisable to carefully review USCIS's decision to understand why the I-526 petition was denied. That will help guide the decision about whether to file a motion, to appeal, or to refile.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    You denial should explicitly say WHY you were denied. You have a 30 day period to appeal that denial.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Your next actions would depend upon the reason for denial, which is usually explained in the denial letter. An attorney can view the denial letter and ascertain the reason for your denial and how it may be corrected. Reapplying is always an option, but not if the possible reason for denial is not corrected in the new petition; then it is just a waste of both legal and filing fees.

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    John J Downey

    Immigration Attorney
    Answered on

    You need the services of competent immigration counsel to review the denial and then perhaps file a Motion to Reopen or other suitable remedy.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the letter of denial from USCIS usually contains the reasons for the decision. Also, it is not unusual that a petitioner might have received either a Request For Evidence (RFE) or even a Notice of Intent To Deny. The receipt of either of these letters should have raised a red flag that a petition is likely to be denied unless proper and adequate response is offered to USCIS. All in all, review all the correspondence on this case before deciding your next option.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    This is a difficult question to answer in this blog type of general query, as we must review the entire file you have previously submitted as well as the denial notice from USCIS to see what were the defects in your case and how to revise/correct those defects to refile. Please consult an experienced EB-5 attorney with your documents, at least the denial letter form USCIS, and plan your next course of action.

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    Charles Foster

    Immigration Attorney
    Answered on

    It is very difficult to tell you why it was denied unless one could see a copy of the denial. You should go to an experienced immigration law practitioner, preferably who is Board Certified in the field of immigration law, but who also has substantial ongoing experience in representing EB-5 investors. That attorney could review the denial and tell you what next steps should be taken, which would include filing a Motion to Reconsider the previous denial or filing a new petition.

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    Ying Lu

    Immigration Attorney
    Answered on

    Two elements decide if an I-526 petition will be approved or not: first, the investor's legal source of funds; second, the project that can create jobs and meet the EB-5 requirements. Since we do not know your financial background, it is hard to know the exact reason why your petition is denied. If you have all the tax records and clear bank statements showing the accumulation of your funds, I would suggest you get reevaluated by another experienced EB-5 attorney. An experienced EB-5 attorney will know to what extent you should provide the evidence to prove your legal source of funds. If your source of funds is solid, I would then suggest you re-file your I-526.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need to hire a competent lawyer. The denial will state the reasons.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    When a petition is denied, USCIS issues a detailed reason/basis for the denial. You should discuss with your attorney regarding an option for a Reconsideration/Motion to Reopen the petition if the denial was in error.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    An appeal could follow a denial. The question is, however, why you were denied, what was this investigation about, what was requested in prior requests for evidence, what did you submit in response to the prior requests for evidence, etc. There was a reason that you were denied and it would be rather odd if that reason was not stated in your denial notice. It is important that you retain excellent immigration counsel to assist you at this point.

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    Robert Cornish

    Securities Attorney
    Answered on

    The question may not be with your finances and the like, but whether the project in which you invested actually created the jobs it said it would. You should have an immigration attorney and securities attorney review your paperwork to ascertain what options may be available.

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