Could I get I-485 approval if my EB-5 project fails? - EB5Investors.com

Could I get I-485 approval if my EB-5 project fails?

My EB-5 project failed last year. Will this affect my eligibility to apply for I-485 in 2020? I understand that my I-829 is not likely to be approved anymore.

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

The critical aspect is whether the jobs were created. If they were there is still a chance, your case can be approved.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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Answered on

The dilemma is two-fold, if the project has failed and it is no longer in existence, this may obviate on one hand the I-485, and on the other hand the I-829 as well.

Phuong Le

Phuong Le

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Sorry for hearing the unfortunate news about your project failing. However, the good news is that it may actually be possible for you to still qualify for both I-485 adjustment of status and even get your I-829 approved. It all depends on how much progress your project made before it failed and when. If your project actually began construction or was open and operating, there''s a chance sufficient jobs were already created to support your EB-5 petition. It is best to check with your attorney.

Lynne Feldman

Lynne Feldman

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If I-526 approved, then yes, you can get a conditional 2-year green card; but you need to resolve the project problem to keep the green card.

Stephen Berman

Stephen Berman

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No, it cannot be approved.

Mark AM Catam, Esq

Mark AM Catam, Esq

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This is a case-specific question. Depending on what stage the project made it, especially if jobs were created even if the project failed, may still receive an approval. Consult with an experienced EB-5 attorney would be the best course of action.

Vaughan de Kirby

Vaughan de Kirby

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The answer depends on many factors. Not the least of which is the job creation of your project. I would recommend you immediately consult with your investment immigration attorney.

Salvatore Picataggio

Salvatore Picataggio

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It may be very very difficult, though at the time of filing you likely met the requirements, I imagine USCIS would use this as an opportunity to give you problems.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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Answered on

Yes, it is possible, and then you will lose the residence if you cannot overcome an I-829 denial in court.

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