What happens if I start my EB-5 process with a regional center and I get my temporary residence but before we change the status to permanent the regional center fails for some reason (let''s say a dramatic construction error and the building had to stop). What happens with my petition? Also, what happens if the petitioner dies in the process, will the legal spouse still get the benefits and continue the immigration process?
If a regional center fails, you will not be approved for your permanent green card as the regional center must demonstrate the continued ability to employ individuals and generate revenue to benefit the community. If the petitioner dies, depending on the stage of the process, the spouse may or may not be able to continue.
If the regional center fails before you file your I-829 petition, that could be a problem. If the petitioner dies, the spouse and any dependents can still continue the process.
Unfortunately, if the investment does not create the required 10 jobs, for example, because it fails, then CIS will deny the application.
If the RC fails after you have a conditional card, the critical issue is whether the jobs were created; if so, there is a goof chance to get your full green card. If the petitioner dies, there is a widow''s option if family were residing in the U.S. at time of death.
It depends on the project agreement with you, whether some jobs were created before failure, etc.
