Questions and Answers > EB-5 Investments

How will a prior denial affect I-526 processing?

My I-526 was denied due to project problems (regional center based investment). If I plan to reapply with a different project, how would the processing time be affected, as my source of funds is already approved? What other changes in I-526 processing could I expect?

Answers

• Shahzad Q Qadri

  RC Creator

  Answered on March 19, 2014

  Unfortunately, your prior application has no bearing on the timeline of the new application. You will be starting from ground zero.

• Robert Abedi

  Immigration Attorney

  Answered on February 21, 2014

  It will be treated as a new application. It will speed the application process, and may help with USCIS (U. S. immigration). I look forward to hearing from you and to start your new EB-5 application.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on February 20, 2014

  Your re-filing should not be affected by the prior decision. There is no effect on the processing time, either.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 20, 2014

  Without an approved I-526 petition, it may be difficult to request USCIS to afford deference to a portion of the first filing (though it won''t hurt to ask). Either way, if the denial was not based on your source of funds, you can at least use the same information and documentation. Unfortunately, processing times are hard to guarantee, even with the USCIS estimates being available.

• Marc Yelnick

  Immigration Attorney

  Answered on February 20, 2014

  I think the only change will be that USCIS will just take a closer look at the petition. The officer is not likely to focus on the specific grounds of the previous denial.

• Philip H Teplen

  Immigration Attorney

  Answered on February 20, 2014

  Regretfully, each application is a new application; however, knowing that your source of funds is already approved is very helpful; although, not a guarantee of acceptance by another officer.

• Lei Jiang

  Immigration Attorney

  Answered on February 20, 2014

  The processing time will not be affected. You still have to wait for the same amount of time (if not longer).

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on February 19, 2014

  You should not encounter any serious problem in re-applying. Also, since your application was denied due to project problems, any new I-526 would not be affected, since the previous denial was essentially not of your own making.

• Ed Beshara

  Immigration Attorney

  Answered on February 19, 2014

  You can refile an I-526 petition with a different project and a new investment fund amount.

• BoBi Ahn

  Immigration Attorney

  Answered on February 18, 2014

  Your prior I-526 denial due to project problems should not be a factor in your new application with a new project. However, you should make sure that this project doesn''t run into the same issues, and do your due diligence thoroughly in order to avoid another delay or denial.

• Rohit Kapuria

  Immigration Attorney

  Answered on February 18, 2014

  As long as the original denial was solely project-related, your new I-526 application should not be adversely impacted.

• Kyle Barella

  Immigration Attorney

  Answered on February 18, 2014

  Your prior denial should not adversely impact your new I-526 application.

• Jinhee Wilde

  Immigration Attorney

  Answered on February 18, 2014

  New projects and new I-526 petitions will be reviewed as new. However, if your attorney is savvy enough, he or she will be able to request USCIS to shorten the review time based on previous review of your source of funds. It is important to make sure that the second project with the regional center is with the one that has a good track record. Unfortunately, you are not the only one who has had this problem: getting a denial because you chose a wrong regional center project. It is important to make sure the project and petition package is very tight, so that you do not lose any more time than you already have.

• Ying Lu

  Immigration Attorney

  Answered on February 18, 2014

  Your case won''t be expedited once you start a new application. It will still be reviewed by USCIS in the order that the cases are received.

• Gregory Romanovsky

  Immigration Attorney

  Answered on February 18, 2014

  Thank you for your inquiry. The prior denial under these circumstances should not affect any subsequent I-526 petitions.

• Charles H Kuck

  Immigration Attorney

  Answered on February 18, 2014

  There should be no negative impact due to a prior denial, if the denial was based on project issues, not personal issues.

• Stephen Berman

  Immigration Attorney

  Answered on February 18, 2014

  This should have no effect.