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What are my options if my I-526 petition is denied?

What can I do if my I-526 petition is denied? Will I get another chance with that same EB-5 application, or will I have to submit a completely new I-526? We don''t want to wait and pay all the fees again. Is there an option to appeal an I-526 denial?

Answers

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    John J Downey

    Immigration Attorney
    Answered on

    Depending on the reason for rejection there could be a reason for an appeal.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Unlikely to be denied outright without a Request for Evidence or Notice of Intent to Deny. Why are you expecting a denial? Most cases that follow the rules are approved unless there is a problem with the project you are investing in.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Before an I-526 is denied there are several opportunities to respond via RFE. If the I-526 is denied, appeals are generally not successful, and we recommend that you file a new petition.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to appeal and possibly re-file your I-526 with updated documents. Please consult with an immigration attorney for these important and complex procedures.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It depends on the reasons for the denial. If the denial was due to source of funds, you may be able refile with the same regional center without incurring an additional administration fee. If the denial was due to the regional center, then perhaps your attorney could negotiate some discounts on the administration fee and legal fees with a regional center witha better track record. The filing fee with USCIS cannot be avoided, however. While appealing is certainly an option, it all depends on whether you have legal grounds for appeal and there is certainly no guarantee that the appeal will be successful.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    A denied I-526 application can be appealed within 30 days of the date of denial or 33 days if the decision was mailed to you. The appeal should address the ground of denial, pointing out the legal error or factual error in the decision. If you just have new evidence for USCIS to consider, file a Motion to Reopen instead and attach the new evidence. On the other hand, you do have the option to file another I-526 application. You are correct, though, that application will put you to the back of the processing line again. Ultimately whether to file a appeal versus a new I-526 application needs to be carefully weighed. It is easy to get frustrated at this stage. Being realistic and fully understanding where USCIS stands is crucial to turn the bad situation around.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You will need to retain an experienced EB-5 immigration attorney to discuss your options. If you are investing in an EB-5 regional center project, usually the securities offering documents will state the basis for receiving the personal investment funds back if the I-526 petition is denied. If there is a request for additional evidence you will have a chance to supply a written response to the USCIS for approval. There may be options for you to refile or appeal the decision.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    If this were to happen you should discuss with your immigration attorney an appeal of the denial! Often this can be successful!

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can file an appeal, a motion to reopen/reconsider, or you can refile the I-526 petition. There is a $630 fee to file an appeal or a motion. You should consult with an experienced EB-5 immigration attorney who can advise you on filing an appeal, a motion to reopen or refiling the petition.

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    Anthony Korda

    Immigration Attorney
    Answered on

    There are limited options to appeal an I-526 denial and these can result in the decision being reversed or overturned. You should consult an experienced EB-5 attorney to discuss what options may be available in the event of a denial.

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    Kyle Barella

    Immigration Attorney
    Answered on

    Much depends on why your petition was denied in the first place. Was it a problem with your source of funds, project or perhaps something your attorney neglected to do? Ultimately it generally makes the most sense to correct the error that caused the denial in the first place and refile.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You can appeal or you can re-file.

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    Ian E Scott

    Immigration Attorney
    Answered on

    You should investigate the reasons your EB-5 I-526 petition was denied and if you can remedy the issues, you can reapply. You would have had an opportunity to respond to an RFE is the petition was denied so the remedy should be more than the answer there. You should sit down with an attorney to see if appeal or resubmission is the best option.

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