+1-800-997-1228
Questions & Answers

When can I withdraw my investment after filing I-829?

I filed the I-829 application in 2013, but the case is pending and I am still renewing my I-551 stamps yearly. Since my I-526 was filed in 2010, my investment remains with the investing company. I have fulfilled my conditional residency of 2 years after filing I-829. The company that I invested in is restricted to a 5-year investment period, which is now 2 years overdue. Would withdraw the investment impact USCIS decision on my I-829?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    We recommend waiting until I-829 approval, but some say that filing the I-829 is enough. However, the project documents for your investment may designate when they can repay your investment.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you have just filed your I-829, I do not think you can withdraw your investment for a host of reasons. Furthermore, withdrawing could prevent you from securing the permanent green card. It is important to note that filing an I-829 does not guarantee approval. USCIS will investigate the filing to ensure all EB-5 requirements have been met. Thus, an early withdrawal prior to the approval, which is based solely on simple calendaring, may not help. Also, you should look at the terms of your agreement. There should be a clause that addresses the exit strategy and procedure(s) of your investment. Regardless of whether or not such clause exists, I would advise you to consult an attorney.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    Your investment has to remain in the project and "at-risk" until the I-829 is adjudicated. If you return your funds before the I-829 is approved, it could lead to a denial of your Permanent Green Card.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    To be on the safe side, you should keep your investment in the project until the I-829 is fully adjudicated. If the USCIS requests additional evidence regarding the investment and you are no longer an investor, you would not be able to provide the documentation to complete processing.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    The safest thing to do is to not withdraw your investment until your I-829 petition is approved. Technically, you are required to maintain your investment throughout the approval process.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Each case varies. The conservative position is you can only withdraw after the I-829 is approved, but we are currently waiting for USCIS to finalize their guidance on this issue.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    You should not withdraw the funds until I-829 is approved. One of the criteria for removing the condition is to have the investment funds still actively invested in the project at the time of approval.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.