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How can I still successfully file an EB-5 application before Nov. 21?

I am actively preparing for my EB-5 application to file before the Nov. 21 deadline. However, there has been some delay in obtaining one of my supporting document, and I don’t think I can make the deadline if I wait for everything to be ready. Some have suggested that I mail out the application package now and get a receipt from the mail courier before Nov. 21, then send in the missing supporting document once I get it. Is this feasible? Could this impact the approvability of my case?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If the missing item renders your petition "incomplete," then you risk the possibility of the entire petition being rejected. That means you would not be accepted for processing under the deadline. You should discuss with your attorney whether the missing item is critical to supporting the required elements of the I-526 petition in order to determine whether to file without it.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This depends on whether the missing documentation is critical. Immigration sometimes says the application must be complete upon filing, and sometimes they vary reasonably and give investors a second chance to supplement the case. Unfortunately, one cannot always predict, so, where possible, it is best to be conservative.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends on what is missing.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Yes, this could result in a denial, so it is risky.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Avoid filing an incomplete petition, particularly if it does not appear that your client can back up the claims in the petition if and when a Request For Evidence (RFE) is issued.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You have to meet the minimum requirements, as USCIS can reject a case without them. Your attorney and you will have to determine what he accepts as minimally acceptable.

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