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Can USCIS deny all regional center I-485 if there is no new legislation on RC EB-5 by the end of 2021?

As per USCIS EB-5 website: https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program, the USCIS is stating: "At the end of calendar year 2021, unless there is new legislation for regional centers, we will reevaluate the hold. We will accept and adjudicate Forms I-765 and I-131 relating to these pending Forms I-485." USCIS mentions "re-evaluating" the hold of RC based I-485. Could USCIS possibly deny all RC I-485s if by the end of 2021 there is still no new legislation on RC EB-5?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I think they would be sued very quickly if they deny - no authority. They mean they will adjudicate interim benefits.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, they could do that.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The notice from USCIS is clear; they say if they do not hear anything they will reevaluate. They have to reevaluate. If the program is not extended, they will likely provide another 90-day extension.