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
Find an EB-5 Visa Lawyer: Immigration AttorneyIt 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
Find an EB-5 Visa Lawyer: Immigration AttorneyDecisions 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
Find an EB-5 Visa Lawyer: Immigration AttorneyIf 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYour best option is to consult with an attorney.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThere 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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