How can I reverse decisions on my EB-5 case at different stages of the process? - EB5Investors.com

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

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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.

Dennis Tristani

Dennis Tristani

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Your best option is to consult with an attorney.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

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