Questions and Answers > EB-5 Investments

How should I proceed if my I-526 petition was approved for EB-5 after I failed to file my I-829?

How can i resubmit the same I-526 petition when i failed to file my I-829 after 24 months, and I get back my country and I cannot show extraordinary circumstances? Or am I obligated to re-invest in another project?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on January 12, 2022

  Unless you can get an excuse for late filing the I-829, you need to start over.

• Dennis Tristani

  Immigration Attorney

  Answered on January 11, 2022

  USCIS allows for an I-829 to be filed late for good cause. I would first recommend trying to late-file the I-829 (assuming you have a valid reason for not filing or arguing that you do) before giving up on the entire process and filing a new I-526. If your I-829 is not accepted, you will have to reinvest in a new project and start the process anew.

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 10, 2022

  This sounds like a call with an immigration attorney would be best for you, to discuss what was filed and when.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 7, 2022

  If there is a reason to late file the I-829, that would be the best option because the receipt automatically extends your green card status. If that fails, and you have not taken out your investment, and the requisite number of jobs were created, you can try a refile, but petitions are taking over 2 years.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on January 7, 2022

  If I understand the question correctly, you can submit a new I-526 based on the previous investment (assuming it has been sustained) but you will need new supporting documents as years have passed since you filed the initial I-526.