I have a pending I-829 and am currently a conditional permanent resident. Since original project returned funds early, I redeployed into another project which has since run into trouble one year after I redeployed funds into it. Along with redeployment, I filed another I-526. Recently I got an NOID on the second I-526(USCIS said it is unlikely to create jobs).
1. What does it mean for my I-829?
2. Should I withdraw the second I-526 or should I respond to the NOID?
3. What happens to my conditional PR status if the NOID response is denied and second I526 is denied?
Answers
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyFiling the I-829 should end your obligation to sustain the investment.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe critical issue in your case is proving the jobs were created based on your investment. So determine how many jobs were created, prove your funds were reinvested and at risk at the time the I-829 was filed, and that the requisite number of jobs were created.
Phuong Le
Find an EB-5 Visa Lawyer: Immigration AttorneyProject can still create sufficient jobs even if it fails. It depends on how far along it is. These are also two separate issues. The I-829 is pending and from your description, you may lose out on repayment, but that won''t necessarily affect your PR. Your second I-526 NOID, though troubling (because it calls into question whether it was viable to begin with), may not ultimately affect your current I-829. Either way, this is extremely fact-based and either your attorney or the project should be guiding you through this process.
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