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With a pending I-829, can I receive part of my capital back without redeploying or will I get an RFE?

The regional center in which I invested was supposed to return my capital in June 2021. The borrower defaulted and paid back only a quarter of the amount. Now another buyer has taken over the running entity but the regional center wants me to vote yes or no whether I want to receive 1/5 of my capital back or reinvest back with the new entity. My I-829 (filed in 08/19)is filed but still pending. Will I get an RFE from USCIS if I say I want a fraction of my capital back?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally, if there has been sufficient job creation, an investor can be repaid after the I-829 has been filed. But the terms of repayment are defined by the contracts and agreements you signed.

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    Phuong Le

    Immigration Attorney
    Answered on

    Regulations only require funds to be at risk for the two-year CPR period. Once that is over and you filed your I-829, you are eligible to be repaid.

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    Robert V Cornish Jr

    Securities Attorney
    Answered on

    Not knowing your redeployment situation makes this a tough question to answer. Your money has to remain at risk until the process plays out with USCIS. So if you were to accept the 1/5 of the money, you would have to put it into another project of a similar nature in the same TEA, all subject to review and approval by USCIS. You may well be in a position, however, to retain your immigration benefits if jobs have been created as promised. You will have to balance these competing interests and work with an independent immigration attorney and securities attorney to provide objective advice.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Technically, the I-829 ends the obligation to sustain the investment, but your investment documentation may have a longer timeline (many require investors to agree to keep their funds invested until I-829 approval, but documents like that were signed well before I-829s were taking 4 years!). So, it may be more a matter of the contract than USCIS requirements to get your funds back, and you may need to talk with the Project.