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
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyIt 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.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyThe USCIS policy manual says this is OK; discuss with your attorney for proper advice.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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.
Vaughan de Kirby
Find an EB-5 Visa Lawyer: Immigration AttorneyIt 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.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyUSCIS 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.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyThat depends on the documents you signed when you made the investment. The immigration service does not care, but the company doing the investment might.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt seems to me you would lose eligibility if you did that.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.