What are my options if the EB-5 project I invested in fails at the conditional green card stage? - EB5Investors.com

What are my options if the EB-5 project I invested in fails at the conditional green card stage?

I got my two-year conditional green card last year. This year the regional center told me the project has failed. I got my investment capital refunded. My green card will be expired in November 2020. Do I need to submit an I-407 form to surrender my green card when it expires? Is it possible that I invest in another project and keep my green card?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Yes, under the new regulations, you can invest in a new project and you might even be able to re-adjust under recently issued guidelines. The biggest issue is processing delays for the new I-526. If you file an I-407, then you have to leave now.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

You have the option to redeploy your funds as long as there were no fraud issues with your initial investment on your end.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Yes, you can invest in another project. However, you may not be allowed to keep your green card.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, there is a redeployment option in another project.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

You need to file your I-829 application with evidence that funds were invested and jobs were created.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

The new rules allow investors to keep their priority dates, but that may be only for investments made after the rules go into effect, not grandfathering old investments. Otherwise, you would need to start over.

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