I am holding a conditional green card via EB-5 now. My capital investment is not maintained at-risk during the two years of conditional lawful permanent residence. How can I still file I-829?
If you wish to remain in the United States and comply with the terms of your conditional permanent resident status, you can and should still file your I-829 petition, but without meeting the sustainment requirement, the petition is not likely to be approved. You should speak with an experienced EB-5 immigration attorney to understand all of your options or to make a new strategy to obtain other U.S. immigration benefits.
You can file but you will have to explain why your investment has not been at risk; this case has a high chance of denial so start looking for alternative options.
I caution you to think it is so cut and dried. You are basically saying you should be denied. This is absolutely when your attorney should be earning his or her fees. Unless you have been paid back any amount of principal, that is an odd statement to make. What does your K-1 say?
Funds must be at risk during the sustainment period. Speak with your attorney.
If the money has been invested in the project that should suffice along with the creation of the 10 new jobs.
