What are the chances of currently approved EB-5 RC investors to be grandfathered in, so they can complete the process to a green card? Or do the chances of grandfathering seem bleak?
If Congress doesn”t take an action on grandfathering or rejects it and subsequently USCIS decides to deny pending I-485, what are the chances of success of litigation against the US government by such investors to get the green card from the government?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyNeed a crystal ball for that one, but I would be shocked if the pending cases are denied because of no re-authorization. Talk to the Senator''s offices most involved with this program - e.g. Leahy of Vermont.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThis issue will not be resolved by litigation as Congress needs to act, and it will, but they can be slow. Grandfathering is the absolute last opportunity and I believe that Congress will almost certainly agree to grandfather if the program is not extended. But because I believe it will be extended, some say pushing for grandfathering is asking only for the consolation prize.
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