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Is my conditional green card status illegal now that the EB-5 regional center program is on hold?

I''m a conditional green card holder waiting for I-829 approval. Since the EB-5 regional center program failed and it was removed from the USCIS EB-5 program list, does it mean my status in the U.S. is illegal now? Or it will be illegal until my I-829 is denied by the USCIS? If so, can I still appeal the denial?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Even if it was removed, that may be successfully appealed. And if the jobs were created and the investment capital used, your I-829 may be viable.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    Your conditional green card is unaffected by the temporary lapse and you will be able to file I-829 per USCIS guidance.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is not illegal and is not taken away from you. My understanding is that they will continue to adjudicate I-829s but this could change any time.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    We need more information. The program is on hold until reauthorized by Congress and will simply delay your green card. However, if the regional center in which you invested and the project failed, you are in jeopardy of losing your green card.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You are and will be legal.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No; if you received your conditional green card, your status is not affected by the EB-5 regional center program expiration.

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    Irina Rostova

    Immigration Attorney
    Answered on

    If you already have a conditional green card, the lapse of the EB-5 Regional Center program does not affect you. You continue to be a U.S. resident and USCIS continues to adjudicate I-829 petitions. The lapse only affects those who have not yet received their residency from USCIS.