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If my regional center closes, how could I still get a conditional green card?

I am a Chinese investor who submitted I-526 in 2014 and got approved in February 2015. I have submitted my I-485 but because of the backlog, I still have not gotten my conditional card. Recently, USCIS has closed the regional center I invested in, but the case is being appealed in court. Will I still get my I-485 approved?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    This is a highly complex question for a forum. It depends on the outcome of appeal. Consult an experienced EB-5 immigration attorney for a second opinion who can review your case details, including the reasons for USCIS to close the regional center and the details of the pending appeal.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Many factors here, depending on the reason for the closure, the probability of an appeal being granted and the I-485 adjudicating officer being updated on the RC closure, etc. It all may determine whether your I-485 does indeed get approved for conditional lawful permanent residency.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It depends on what happen in the courthouse. If the appeal is successful, there is a chance that you will. On the other hand, if the government keeps the appeal going, the status may be frozen until the case is over.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The regional center can close after you have your conditional green card and maybe the case can still be approved, but if it is closed before, there may be issues and you need to immediately contact expert counsel to advise you. This is because it is likely your adjustment will be denied.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    This question cannot be answered based on the facts provided. You should consult with your I-526 filing attorney and another EB-5 attorney for a second opinion (especially if the I-526 attorney is the one who recommended this RC to you).

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If after appeal of the RC is terminated, you may be out of luck unless new regulations or laws make a remedy for this kind of thing (it has been contemplated). Right now, even with the redeployment issues, there really is not a way to switch RCs during the process.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Not if the center is closed. Hence the appeal.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your adjustment application is approved, you receive your conditional lawful permanent residency, your regional center closes and assuming that the matter is not resolved through litigation, you are likely to get the approval of your I-485 application for adjustment of status based upon the status of your I-526 petition at the time it was approved. Assuming you become a lawful permanent resident, within two years you would still have to file your I-829 petition to remove conditions and would have to establish that your investment was made, the jobs were created and all the requirements met. This could theoretically happen even if the regional center closes, but it will depend to a great extent on the outcome of the litigation and whether or not the job-creating entity was able to continue doing business long enough that you are able to qualify based upon job creation, etc.

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