Questions and Answers > EB-5 Requirements

How can I reverse decisions on my EB-5 case at different stages of the process?

If I filed an EB-5 I-485 and it got rejected, do I get a chance to appeal? Are these decisions final, or what are our options?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on October 2, 2023

  It depends on why it was rejected. I suggest a consultation to find out - re-filing may also be an option if the Priority Date is current and you are in nonimmigrant status.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on September 27, 2023

  Your best option is to consult with an attorney.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 27, 2023

  If the I-485 is denied, there is no appeal. But you can file a motion to reconsider, if new evidence becomes available, or even challenge the decision in District Court, in certain circumstances.

• Dennis Tristani

  Immigration Attorney

  Answered on September 27, 2023

  Decisions by USCIS can be reopened/reconsidered by USCIS or appealed to the Administrative Appeals Office depending on the facts of the case. Federal litigation is also an option. I recommend speaking to your immigration attorney concerning the specific facts of your case and whether these options make sense.

• Stephen Berman

  Immigration Attorney

  Answered on September 26, 2023

  There is generally no appeal from a denied I-485. You can renew the I-485 in removal proceedings, or you can refile it.