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What could happen to my conditional green card if the EB-5 project fails?

I submitted my I-829 in October 2019 and got an extension of stay for 18 months. Recently I heard that there have been some issues with the EB-5 project I invested in. If the project fails, will my status expire immediately, or can I stay until my I-829 is denied by the USCIS?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Until and unless USCIS issues a decision/denial, your status is not affected. If the jobs were created and the money was invested properly at the time of filing I-829, unless USCIS issues an RFE which you can''t respond to due to the failed project, you should be fine. Another option is to redeploy the funds.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    In some cases, you can redeploy funds.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the jobs are not created, the I-829 can be denied.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If it fails, USCIS will not remove the condition from your status and your status will end.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should wait until you officially hear about the project. Even then, you may be able to file an appeal of the denial to your I-829. So, consider staying put for a while as your case winds through the legal challenge that you are entitled to deploy.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    What is likely to happen is that the I-829 would be denied, and status would end.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You can stay in the U.S. until a judge orders you to be removed. However, you should act now to protect your rights.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As long as your I-829 petition is pending, you remain a conditional lawful permanent resident. If the I-829 is denied, you can seek a review of the denial and a review of any other available relief in removal proceedings before an immigration judge. During your removal proceedings, you can stay in the United States legally and work.

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