Questions and Answers > EB-5 Investments

What are the litigation options for an EB-5 investor in the US with a denied I-485?

In the event USCIS denies a pending I-485 and cancels an approved I-131, I-765 (combo card), what will happen to investors currently in US on AOS who had approved I-526 but pending I-485? Will they be subject to removal proceedings? Can such investors initiate litigation against the government for denying I-485 and revoking approved combo cards? If yes, what are the chances of success with these litigations? And if such litigation is initiated, can an investor stay in US during the course of the litigation, even if a pending I-485 is denied due to the lapse in the EB-5 regional center program?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on December 20, 2021

  No denials just because of Regional Center lapse - I-485s are kept pending.

• Robert V Cornish Jr

  Securities Attorney

  Answered on December 17, 2021

  You likely have a lawsuit, but it may have to be done through administrative channels within USCIS in conjunction with court action to enjoin USCIS from commencement of removal proceedings. Suffice it to say, if your immigration attorney is not helping you with litigation options, get someone who can do so immediately.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on December 17, 2021

  Generally speaking, litigation does not extend authorized stay in the U.S.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on December 17, 2021

  First, I am confident Congress will focus on our issue and we will get an extension, most likely in February next year. I am also confident that USCIS will grant another 90-day extension to persons with pending adjustment and continue to adjudicate derivative benefits. However, those lawyers talking about litigation to force the government to act on an I-485, when the program has statutorily lapsed, really upsets me. That is a clear dead-end option.