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How can we submit an additional 290b if my I-829 was denied for EB-5?

My 829 was denied. Submitted 290b back in January 2021. Still pending. I have few additional new evidences. Can I submit another 290b? If so, do I submit all documents or just the new evidence ?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The I-290B is due 30 days after the decision. You may be able to interfile evidence using the information on your I-290B receipt notice, but like many things, you must "establish eligibility at the time of filing" and they may not use anything sent now.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the I-829 is denied, then you can file a timely motion to reopen and reconsider if you think the decision is wrong in law and there is new evidence. If you want to submit new evince now, you can send it to the AAO but not sure it will get into your file. If the motion is denied, you can submit the new evidence to the immigration judge in removal proceedings where your case will be heard again from the beginning.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    You should talk to your I-290B attorney about the best strategy moving forward. The I-290B window has passed so interfiling the evidence may be the only good option.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Since the I-290B is still pending, it is best to submit new evidence in support of the appeal rather than filing another appeal. It is best if you retain immigration counsel to assist in this.