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How can I as an EB-5 investor withdraw an I-765 expedite request since I got an RFE?

I’m an EB-5 regional center investor with a pending CoS + Combo card filed in April 2021. Biometrics was taken in July. I’m on an H-1, on the verge of losing my job, have limited liquid funds and have been unable to find another sponsor and so the I-765 is my only other chance to continue earning an income. I’d filed an expedite request for my I-765 under the financial loss category as this situation is stressful and I did not have any other choice. I received a request to submit more evidence via fax but am now wondering if they would consider my case at all on the grounds of employment and was wondering if I’m obligated to submit more evidence or if it would be possible to withdraw my expedite request and have it process normally and pray for the best. If withdrawing is possible, how could I go about the same?

Answers

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    Dennis Tristani

    Immigration Attorney
    Answered on

    Yes, you can easily withdraw the expedite request by writing to the service center that is processing your request or call USCIS customer service and request that the expedite be withdrawn (this is a quicker option).

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You can do nothing and the expedite request will "go away." You may or may not get a denial of the expedite request. Given what you said, I do not see why you would not move forward with responding to the request.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Withdrawal can be filed the same way you filed the expedite, but not sure it is worth it.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The expedite request can be withdrawn at any time. You merely have to send in a letter with your signature, but be careful to make it clear you are withdrawing only the expedite request and not the application. If the expedite request is denied, it will automatically be handled via regular processing, which, as you may know, is seriously backlogged.