I am an EB-5 investor from China, and I recently received a Notice of Intent to Deny (NOID) for my I-829 application. This NOID raises questions about the lawful sources of my investment funds and includes concerns from USCIS regarding national security, stemming from my past employment in China. I disagree with the reasoning behind the NOID. However, because of the potential risk of denial, I am seeking experienced legal counsel to help me develop a response strategy and enhance my options. Would filing a motion to reopen or taking this matter to court be viable alternatives?
Answers
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIt is not uncommon for USCIS to raise questions about the source of funds at the I-829 stage. If you have documentation that can help to address the concerns raised in the NOID, it is possible to overcome a denial.
Lynne Feldman
EB-5 Immigration attorneysFirst you want to fight the NOID aggressively – you aren’t denied yet. We would be happy to help in preparing the response.
Natalia Morozova
EB-5 Immigration attorneysIf you have recently received the NOID and have not gone past the deadline for submission, it is best to contact us as soon as possible for us to review the NOID and determine the strategy going forward. A motion to reopen comes into play if you have already been denied, and it is not always a viable option.
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