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If the regional center I worked with gets terminated, will my I-485 application be approved?

My I-526 petition was approved and I submitted my I-485 before the regional center I worked with got terminated by USCIS. The regional center is in the appeal process with the administrative office of USCIS. Will my I-485 still have a chance to be approved? If it gets denied, what should I do?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It depends on the reasons for the termination of the regional center. Advisably, consult an EB-5 attorney or keep in touch your existing attorney to monitor the situation and particularly the appeal process.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It depends on whether the I-526 petition is revoked and whether RC wins an appeal process, depending on the circumstances for its termination. Your I-485 application may be approved if there is no issue with the underlying I-526, but the I-829 petition may be in trouble when it is time for you to file it to remove conditions on your two-year green card. Consult your immigration attorney to discuss issues and possibly look into other immigration options in the worst-case scenario.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    I would immediately meet with your investment immigration attorney. You may be fine because the approval of your permanent green card is dependent on the project you invested in rather than the regional center.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    This will depend if the I-526 was revoked. If it were revoked, it places your I-485 at risk. Also, check the reason of the regional center termination, as there may be situations where IPO would allow the regional center to remedy whatever the issue is to cause the termination.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The status of the project in which you invested is of greater importance. Hire an attorney who is not affiliated with the regional center.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You are in somewhat of an awkward situation. Most projects come with I-526 rejection guarantee. So, if they have the funds available they would have to refund your investment and, in some cases, your administrative fee if you paid one once your I-526 petition gets denied for "project-related reasons. But, unfortunately, in your case, your I-526 is already approved. You might still have a case to seek refund once you find out the reasons why USCIS is terminating the regional center. There is of course still a chance that your I-485 be approved if you could demonstrate that the investment was made and the requisite jobs were created. That said, I am not sure how you will be able to remove conditions at the I-829 stage without a regional center in place, as you would clearly be non-compliant with the EB-5 program requirements. While the regional center is busy with the appeal process, without further delay, you should immediately seek immigration attorney advice.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the RC is terminated, and USCIS discovers this, your adjustment will likely be denied. If you do not have status, you might be placed in removal proceedings. You need to ensure you have a fallback non-immigrant and/or immigrant visa strategy.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The loss of regional center status has no effect on your I-485 application. However, when it is time for you to file for the removal of conditional permanent residency this would need to be disclosed and explained, if not cleared up by then.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    I think you still have a chance on your I-485. If the I-485 is denied, then you may want to consult with an immigration attorney to explore what options are available for you, if any.

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    Charles Foster

    Immigration Attorney
    Answered on

    Given the fact that you have an approved I-526 petition, and you've already submitted your application for adjustment of status on Form I-485, based upon the approved I-526 petition, assuming there are no other adverse factors, your I-485 application should be approved for you, and you would acquire conditional lawful permanent residency. Yes, you have a reasonable chance for your I-485 application to be approved. If it is denied, you could always file a motion to re-open and reconsider, and you would still have several opportunities for further administrative review, and if necessary, you could litigate the issue in U.S. federal courts.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It is possible the I-485 would be denied as well, and even if it is approved, removing the conditions to the conditional green card will be basically impossible. Proposals are in place to change some laws or regulations to address this very concern, but right now, it would be an end to the cases.

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