I have previously submitted my I-526e using a regional center loan. Now that there is a lot of scrutiny/denials, I am thinking of submitting a new application and avoiding the RC loan. Can I still keep the old I-526 application without withdrawal since I have been using EAD and do not want to lose it?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysNot all loans are disqualifying, the other alternative is to either have another specialist review your case filing, or if you refile, you can request USCIS to transfer the underlying basis but their decision is discretionary.
Tony W. Wong
EB-5 Immigration attorneysIt is a complicated issue because your I-485 is based on the old I-526 and you already used the EAD. If your old I-526 is denied, your I-485 will be denied too and then you will lose your status. You can file a new I-526E, but you will need to leave the U.S. for the U.S. Consulate procedures, but you should do so before your I-526 is adjudicated.
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