I filed my EB-5 I-526 for a rural area prior to March 15, 2022, and now my category has become non-current. Is it possible to file another I-526 now, considering there are reserved visas for rural areas? I invested around 800k over the course of last year in the project so I will meet the minimum fund requirements; it is just spread out over a period of time.
If yes, then I am thinking I might keep both applications active even though they are for the same project, and once one of them is approved, I can withdraw the other. Is this possible or advisable?
Answers
Daniel A Zeft
Find an EB-5 Visa Lawyer: Immigration AttorneyYou need a consultation appointment with an immigration attorney who has experience with EB-5 cases.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyI would perhaps try to get the pending project re-characterized under the new rules. Otherwise there is no reason you cannot file a second I-526 with new funds.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIt is not clear you can file two I-526s for the same project but if you meet the requirement for Rural and filed an I-526, it may make sense to file a new I-526E. And if in the US in lawful status, possibly file an I-485 adjustment also. USCIS may require you to withdraw the first one.
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