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When do I get refund if my I-526 is rejected?

I received my I-526 denial decision from the USCIS. On the agreement with the regional center, it states "if I-526 is denied by USCIS, the regional center shall refund investor''s capital contribution ($500k)". Does the aforementioned I-526 denial usually mean as soon as I receive the I-526 denial notice or after the appeal to the denial decision is rejected?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, you should look at your agreement with the regional center for interpretation. Also, unless the regional center you are working with has assured you that an appeal would be filed and you agree, your refund should be as soon as you receive the letter of denial. It advisable you should consult your attorney or any another attorney to resolve this issue to avoid any delay.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you are appealing the denial decision, then it would be reasonable for the regional center to not return your principal to you now. If you are not appealing the denial decision, then the regional center should refund your principal to you in a timely manner.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    That would be governed by the agreement terms that you entered into with the regional center.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Different regional center deal with this differently. If the limited partnership agreement and subscription agreement does not state any particular dates to return the funds after denial, I would imagine that they will want to delay returning the funds as long as possible. This is one of the reasons that well-established, successful regional centers differ from new or inexperienced regional centers.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You need to contact the regional center to sort this out. Each one operates differently.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You probably need to read further in the PPM/investment agreement to find out the process by which you must notify the RC of the denial and request the refund. Your I-526 filing attorney should help with this.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    It depends on the regional center and what it has committed to. Some actually keep the funds in escrow until the 526 is approved. Those regional centers would be able to quickly refund. If a regional center did not specify the refund mechanism, it may take some time as it may need to refinance or liquidate an asset, or otherwise find a way to come up with the funds to refund. This is a good due-diligence question to ask before investing.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Return of your capital on a denial will depend on the terms of the offering. I recommend you immediately make an appointment with your investment immigration attorney.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yours rights to receive a refund of your initial capital contribution of $500,000 if your EB-5 investor petition on Form I-526 is denied depends upon the terms of the agreement. Under the terms of your agreement, there is a provision that your capital contribution will be returned. Given the fact that it does not provide a specific time frame, one would interpret that to mean within a reasonable period of time. You obviously should contact both the project developer and, if you were represented by an agent and/or attorney, all of the foregoing parties to request their assistance. You should make a formal request for a refund of your investment in writing, citing the applicable provision and sending copies to all pertinent parties. It may not be a bad idea to also send such a request in a format that would evidence same; for example, it could be sent by certified mail/return receipt requested.

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