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How can I interfile with another EB-5 project when my current I-829 is pending?

My I-829 petition has been pending for years since 2010 and I recently heard there is an option to interfile into another project''s I-829, which is to withdraw the capital that was initially invested in our current project and re-invest it in another project with a different regional center. We were told that this option just became available. What would I need to do to go with this interfile option? Have there been any successful cases?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the jobs were not created in your original investment, it is possible to redeploy into another project that has or will create the necessary jobs. But the parameters are limited, so you need to make sure this is done carefully and under an acceptable structure as to avoid material change allegations.

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    Charles Foster

    Immigration Attorney
    Answered on

    I am not certain why you would want to interfile with another EB-5 project with a current pending petition to remove conditions with Form I-829. But, the fact that your petition has been pending since 2010 would be highly indicative that there is some significant problem or issue at some point in the process. I think the best thing for you to do is to first, follow up with your attorney to determine the status of your petition, and exactly why it has taken so long to be resolved. You should be concerned that there may have been a response, be that a request for evidence or otherwise, of which you may not be aware. Through your attorney or otherwise, you should contact USCIS to obtain appropriate information, even if it requires you to file a Freedom of Information Act request. Your question also assumes that you will be able to withdraw the capital that was initially invested in your current project and reinvest it in another project with a different regional center. Your assumption that you will be able to withdraw your capital may or may not be valid, but if you were to withdraw your capital from your current project, it could adversely affect the approval of your I-829 petition. I would suggest that you try to find out exactly why there has been such an extraordinarily long delay in the adjudication of same. Assuming you can withdraw your capital from your current EB-5 project, most likely you would have to start all over again and file a new EB-5 investor petition on Form I-526.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    I believe that would not be the right procedure. You would need to file a new I-526 petition and start the process from the beginning. There was proposed legislation, which never came to pass, that may have provided an option like you describe. But, unfortunately, it is not law, policy or a part of the regulations at present.

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