I”m a conditional green card holder waiting for I-829 approval. Since the EB-5 regional center program failed and it was removed from the USCIS EB-5 program list, does it mean my status in the U.S. is illegal now? Or it will be illegal until my I-829 is denied by the USCIS? If so, can I still appeal the denial?
Answers
Bernard P Wolfsdorf
Immigration attorneysEven if it was removed, that may be successfully appealed. And if the jobs were created and the investment capital used, your I-829 may be viable.
Lynne Feldman
Immigration attorneysIt is not illegal and is not taken away from you. My understanding is that they will continue to adjudicate I-829s but this could change any time.
F Oliver Yang
Immigration attorneysYour conditional green card is unaffected by the temporary lapse and you will be able to file I-829 per USCIS guidance.
Irina A. Rostova
Immigration attorneysIf you already have a conditional green card, the lapse of the EB-5 Regional Center program does not affect you. You continue to be a U.S. resident and USCIS continues to adjudicate I-829 petitions. The lapse only affects those who have not yet received their residency from USCIS.
Fredrick W Voigtmann
Immigration attorneysNo; if you received your conditional green card, your status is not affected by the EB-5 regional center program expiration.
Karen-Lee Pollak
Immigration attorneysWe need more information. The program is on hold until reauthorized by Congress and will simply delay your green card. However, if the regional center in which you invested and the project failed, you are in jeopardy of losing your green card.
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