Why does USCIS require you to keep EB-5 funds invested until the I-829 filing when the I-485 is taking at least 44 months to approve? - EB5Investors.com

Why does USCIS require you to keep EB-5 funds invested until the I-829 filing when the I-485 is taking at least 44 months to approve?

We filed an I-526 petition about 48 months ago. Funds are being used from day one, not in escrow. Jobs have been created. We will need to file a I-485 to change of status which will take about 4 years after I-526 approval, then the conditional 2 years to file the I-829. A total of at least 6 years after the I-526 approval to be able to request funds back. Why would the USCIS allow this?

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

The I-485 might not take 44 months. That is what the California Service Center is projecting currently, but processing times could come down there and if you live in a jurisdiction under the Nebraska or Texas Service Centers, the processing times are much less (about 12.5 months for most cases). Also, if you wish to start the two-year conditional residence "clock" sooner, you could do immigrant visa processing at the U.S. Embassy or consular office in your home country. You might need to file Form I-824 if you originally selected "adjustment of status" as your preferred option on Form I-526.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

The USCIS has not factored the delays into processing when providing benefits. It really is not fair to backlogged countries and others whose case is delayed but that is how the rules are written.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Good question to ask your Congressman. Better yet speak with Senator Leahy from Vermont as he authored the legislation and should hear these complaints.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.