What are the options for EB-5 fraud victims?

In many cases, the SEC gets involved. You need to seek counsel to pursue your options.

You need to argue that it is not reasonable to expect an investor to obtain documents after this extensive delay and that, if true, with the passage of time, the death of the principal has now made it almost impossible to prove your case. If denied, and if put into removal, you have the right to present the same argument to the immigration judge, or if you are not placed in removal, you can reach out to the District Court for possible relief. Finally, it is possible the Biden administration would grant deferred action in such a case. The current regulations also allow you to refile and keep your place in line, but you have to meet the new investment threshold which is now $900,000 for TEAs.

I am sorry you and your family find yourselves in this situation. The scope of your question, however, is well beyond what can be meaningfully addressed in a public forum. You have come this far and should get a qualified and trusted advisor to help you retain your residence status. Please research attorneys and retain services of someone to protect your interests.

Your situation is complicated and although you may not have been involved in any fraud, it is going to be difficult to remove the condition if the investment was not sustained, if the jobs were not created, or if there was fraud present in the EB-5 case. You still should proceed with timely filing the I-829 petition to protect your rights, but you will need an experienced EB-5 immigration attorney to help you navigate through the USCIS process and potentially, the immigration court system, to eventually find an option/solution that works for you and your family.