What happens if the company filed bankruptcy after I filed I-485 for my EB-5 visa? - EB5Investors.com

What happens if the company filed bankruptcy after I filed I-485 for my EB-5 visa?

The company has filed chapter 11 bankruptcy after I filed my I-485 application. What should I do?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

You may be ok for the CPR period but that I-829 is going to be basically impossible to get approved.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Chapter 11 is a reorganization and should not affect your case, but check with the attorney handling for the details.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Bankruptcy is not necessarily the end of the case. If you can show the money was deployed and the jobs created, there may still be a path.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

I am not sure if you can keep your I-485 alive. Has the company hired the required 10 people? If not, and the company is now defunct, you may not be able to do anything. You need to consult a good bankruptcy lawyer near you and an immigration lawyer also!

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Chapter 11 is a reorganization, so if the company can still create the jobs and if you can still maintain your investment, you might be able to receive your conditional green card and have the conditions removed at the appropriate time. It will depend on the business performance as it goes through the process.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Speak to your lawyer. Bankruptcy can mean a lot of different things, and then there is the question of whether the requisite jobs were previously created.

F Oliver Yang

F Oliver Yang

Immigration Attorneys
Answered on

I assume that the company you are referring to is the job creating entity of your EB-5 investment. Typically, your I-485 will not be affected, but you will have trouble at the I-829 stage if you can’t prove that you have created enough jobs.

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