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Questions & Answers

Can I withdrawal my investment when I-829 is pending?

I have filed my I-829 over one year ago. Can I withdrawal my investment now? Will there be any consequence on the withdrawal of the money after filing the application?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    It is not advisable to divest until at least after the I-829 is fully adjudicated, since USCIS may request for additional evidence and proof of investment.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I do not recommend this.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    The USCIS policy manual says this is OK; discuss with your attorney for proper advice.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It seems to me you would lose eligibility if you did that.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    That depends on the documents you signed when you made the investment. The immigration service does not care, but the company doing the investment might.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS has stated that once the I-829 is filed, an investor can get their money back. However, there are often matters in your offering documents that may affect your ability to do that.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    It is important to understand that EB-5 involves two separate transactions. One is your investment and it is controlled by the terms of the investment. Therefore, your ability to withdraw your investment turns on the terms of that investment. If you withdraw your funds prior to the approval of your I-829, you may lose your Green Card unless the withdrawal takes place after the required period by USCIS. I recommend you immediately consult with your investment immigration counsel and your investment professional before taking any action.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You are required to sustain your investment during the two-year conditional period. There is no requirement that you sustain your investment for the entire processing period of your I-829, which can take several years after your two-year conditional period has ended. You should keep very detailed/documented records to prove you sustained your investment for the required period in case USCIS requests additional information when they do finally adjudicate your I-829 petition.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The investment must be sustained up until the filing of the I-829. Therefore it appears if you are now filing to remove conditions, you should be eligible to redeem your investment.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The option to withdraw depends on the terms of your subscription agreement. A starting point to know your rights and whether you can withdraw without losing any part of your investment, at the I-829 stage, depends on the terms of exit agreement you have in place with the regional center you are working with on this matter. Advisably, consult your EB-5 attorney for further steps.

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