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Questions and Answers > EB-5 Investments

How can I apply for a new EB-5 after I failed to file my I-829?

I got my EB-5 in 2017 with a refund in 2022. I lived with the conditional card from 2018 to 2020 and for personal reasons I did not apply for my permanent card (I-829) and returned to my country. My situation is clearer now, can I reuse these funds in the same regional center to restart the EB-5 process? is the process the same or is it simplified?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you do file the I-829, your status is automatically terminated, so you would have to start again by filing the I-526, unless you can show extraordinary circumstances and they agree to accept a late filed I-829. Since the funds have not been deployed until the filing of the I-829, it is unlikely the late filing is approvable. But in terms of options, it may be your best bet, especially if you are willing to redeploy.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Much lengthier than before, and there is currently no Regional Center option until Congress re-authorizes this.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is no RC program at the moment, so perhaps once you are repaid, you can re-invest in a direct EB-5 project?