If I invest in a regional center project, and any of the other EB-5 investors have their I-526 petitions denied, how would my personal EB-5 application be affected? Or if another EB-5 investor”s I-829 petition is eventually denied, or they get a request for evidence, what would happen to my own I-829?
Denials of other petitions should not generally affect your filings. These situations must generally be spelled out in the project''s offering documents. Please contact your immigration attorney and they should be able to guide you further.
It depends on the reason for the denial. If the case is denied because of the project, but not the investor''s source of funds issue, the entire group of investors will be affected. If the denial is caused solely by that investor''s source of fund issue, then the other investors will not be affected.
Under any circumstance, each EB-5 application in a regional center project stands and falls on its own weight. Therefore, your application cannot in anyway be affected by another EB-5 application. However, I believe your questions touch on the issue of whether the USCIS questions are directed to the regional center itself over a specific project. This issue should have been part of your due diligence prior to your investment and even well before an I-526 is ever filed. Advisably, before you proceed further, talk to an EB-5 attorney for a host of services and advice you need to make informed decision.
The answer to your question depend on a number of different circumstances and an experienced immigration EB-5 attorney can assist you. If there are only a couple of investors'' petitions being denied, then your petition and residency should not be affected. If the project depends on a large number of EB-5 investors and their I-526 or I-829 petitions are being denied, then your residency may be affected.
If another investor''s denial or RFE is due to problems with the investor''s source of funds, your petition will not be affected. But if a denial or RFE is an issue due to issues with the project, you will most likely be issued the same denial or RFE, unless your petition was submitted with updated materials that no longer contain the same issues.
Depending on the reason for denial, it may not affect your application. If the reason for the denial is personal to the investor, e.g. problems with the source of funds, it should not preclude your acceptance. If the RFE has to do with the project itself, then you may have problems.
Since you are investing with a regional center, the denial of the I-526 for your fellow investors could certainly be an alarm for you. Typically, the I-526 is denied for one of the following reasons (1) failure to establish lawful source of fund; (2) questionable job creation calculation. If the I-526 were denied on the latter, then the same fate could also fall on you. This is also true with the I-829.
It depends on the reasons for the other investor''s I-526 denial. If another investor''s petition was denied due to source of funds issues, then it should not affect your petition, but if the denial is due to the project/business side documents, then such denial will also negatively affect your petition unless the defects that caused the denial were addressed and corrected. I-829 denials, on the other hand, are problematic for the later-filed applications as most of the I-829, Removal of Condition hinges on the business side documents with particular focus on the job creation as to whether the jobs promised in I-526 have been created. The Request for Evidence on any of these applications are not too problematic unless you or the regional center cannot answer them. Most of us who have filed many EB-5 cases have dealt with and successfully responded to RFEs and received approvals.
If USCIS has requests for information on the project itself, then all investors will receive RFEs. However, if one investor has an issue with the source of funds, but the project documentation is otherwise OK, then your petition would not be affected (unless you had your own issues with source of funds). The same would be true at the I-829 stage.
Those RFEs and denials of the other investors petitions just raise the likelihood that you will receive an RFE. Without knowing the grounds for the RFEs and denials I cannot really comment with any degree of specificity. If the RFEs and denials are because of the project - you are in trouble. If its because of the investors'' info/docs, then it should not affect the outcome of your petition.
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