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What should I do if my lawyer submits my I-526 filled with errors?

I am an EB-5 investor who recently invested in a regional center project. Recently, my I-526 petition was filed with USCIS by my lawyer. I was provided a copy of the petition after the petition was sent to USCIS, and it was sent only a few days ago. Upon reading through it, I noticed several errors on the petition: (1) the incorrect date listed for the wire transfer, (2) an incorrect source ID listed for buying financial bonds (all the sources were assigned an ID at the beginning of petition) and (3) incorrect dates for some of the transactions. What can I do to correct these errors? Can we send an amendment or a supplemental explanation? Can we withdraw and refile the petition?

Answers

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    Answered on

    Contact an experienced EB-5 Immigration Attorney as soon as possible to rectify any errors. Anything shy of perfection with immigration is unacceptable.

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    Answered on

    You may consider interfiling the amended materials into the pending I-526 case or wait until you have received a request for evidence (RFE) to answer any inconsistencies. There is no guarantee that the amended materials will actually make it into the pending case if you interfile. It also may be risky to wait until an RFE if the errors are too numerous and substantial. Withdrawing your pending I-526 petition may be another option, especially if you have just filed recently, but you will need to pay a new filing fee. You should also consider retaining a different immigration attorney.

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    Answered on

    Wait until you get the receipt notice and then send an amendment letter.

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    Answered on

    If in fact your I-526 petition was filed recently with a few errors, then you should try to correct it at the earliest possible date. You should bring that information to the attention of the lawyer and request that he file the corrected information referencing the original petition and explaining that certain errors were made by his office and that he seeks to correct same. You would not want to withdraw the petition and refile same because not only would you lose your priority date, which could be significant, but you would also lose your filing fee.

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    Answered on

    It is not normally advisable to withdraw an I-526 petition, unless you are concerned about a finding of fraud, as you would lose your Priority Date. It is possible to correct a filing by interfiling an amended I-526 form and associated documentation.

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    Answered on

    It is highly recommended you should file an amended petition rather than file an outright withdrawal.

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    Answered on

    I am sorry to hear of this happening. Did you not review the I-526 before you signed it? You could submit a corrected petition.

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    Answered on

    You can send a letter, and any supporting documents, and ask them to be accepted with the original filing.

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    Answered on

    Have the lawyer amend the application. If you withdraw it, you will have to pay the filing fee again!

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    Answered on

    If the error relates to supporting documentation (e.g. not the I-526 form) you could send something to USCIS but it likely would not make sense unless the error was significant or was correcting something that could be perceived as misrepresentation. The items you have mentioned do not sound alarming. Keep in mind that the examiners are going through thousands of pages of documents.

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    Answered on

    Unless the mistakes are substantive and will critically damage your eligibility, it may not make much sense to withdraw and refile the petition because you will lose your priority date. It largely depends on the extent of the errors you found in your petition, obviously, but typos and minor inconsistencies will not necessarily doom your petition. One pragmatic option you can consider right now is to submit an interfiling to correct with USCIS to explain the inconsistencies/mistakes. Otherwise, you can also address these issues if USCIS raises them at the RFE stage as well. Best to have a full consultation before you decide what the best approach is.

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    Answered on

    It sounds like it may be better to withdraw and refile clean rather than supplement as the errors you list appears too numerous. While preserving the Priority Date (filing date) may be important, it may not matter for now since it has been only a few days.

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    Answered on

    You can file an amendment (no additional filing fee, but no guarantee that the amendment material will make it into your file) or you can withdraw and refile the petition, which will require a new filing fee, but might be the best way to ensure the correct material is reviewed by USCIS at the time of adjudication. You also should consider retaining a new immigration attorney.

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    Answered on

    I am so sorry to hear of this issue. I recommend you meet with your lawyer immediately to discuss a strategy to deal with this problem. At a minimum, you will experience a Request for Evidence or Notice of Intent to Deny and will be given a chance to remedy the problem.

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    Answered on

    If the errors are material you can either attempt to interfile an amended response or wait until you receive a request for evidence. The extreme option is to withdraw and refile but that will cost the $3,675 filing fee.

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    Answered on

    When you receive the I-797 Fee Receipt, you could have your lawyer interfile a supplement to correct the errors. Your lawyer (perhaps a different one) will need to advise whether the I-526 petition could be denied if it does not meet the initial filing standards. It may very well not be denied, but result in a Request for Evidence (RFE) that will allow you and your lawyer an opportunity to explain the discrepancies or errors. Still, interfiling a supplement may be a wise decision to make. You should speak with a competent immigration lawyer who specializes in the EB-5 Immigrant Investor Program.

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