My I-829 was approved four years ago and I now have an unconditional green card. The EB-5 regional center that my investment was affiliated with is about to be terminated by USCIS. There is no fraud or misrepresentation on my (investor) part. How will this termination affect my unconditional green card? Can my green card be revoked?
Answers
Ed Beshara
Immigration attorneysYour unconditional permanent residency will not be affected by the termination of the regional center.
Julia Roussinova
Immigration attorneysThis may depend on why the regional center is being revoked. If there was fraud involved on the part of the regional center, your immigration attorney should work with you to monitor this issue. Hopefully, USCIS will issue guidance soon on how EB-5 investors in such cases will be protected.
Anthony Korda
Immigration attorneysWhile USCIS may rescind the decision on an approved I-829, the recession period is five years. Unless you obtained the decision through fraud, there is no reason to rescind merely because the regional center designation is being terminated. However, if the reason for the termination involves fraud or misappropriation of funds by the project or regional center, then USCIS might consider rescission. You should discuss the specifics of your case with an immigration attorney to see if you are at risk.
Charles Foster
Immigration attorneysIf your I-829 petition to remove conditions was approved four years ago and you have an unconditional green card and the regional center was subsequently terminated, that should not in any way affect your unconditional permanent resident card.
John J Downey
Immigration attorneysNO, once you have received your permanent residency, then the conditional status is over. The regional center status no longer affects you.
Bernard P Wolfsdorf
Immigration attorneysYes, while it may still be possible to argue the jobs were created and the investment sustained, termination of the regional center is a serious problem. USCIS is working on guidance on this new hot issue and this should be released very soon.
A Olusanjo Omoniyi
Immigration attorneysYour unconditional green card will neither be affected nor revoked.
Jinhee Wilde
Immigration attorneysThere should be no affect on your already approved I-829, but it will depend on why the regional center is being terminated and the nexus between that and the project that created the jobs. Your lawyer should monitor this carefully and aggressively defend you.
Salvatore Picataggio
Immigration attorneysIt would be unlikely that the green card would be revoked well after I-829 approval. In fact, even during the conditional residency period, the investor may still be able to show compliance even if the regional center itself was terminated.
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