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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

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    A Olusanjo Omoniyi

    Immigration Attorney
    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.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

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

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    Phuong Le

    Immigration Attorney
    Answered on

    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.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    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.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    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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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    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.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    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.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, it cannot be approved.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    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.

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