What happens to our I-829 if the regional center goes bankruptcy? - EB5Investors.com

What happens to our I-829 if the regional center goes bankruptcy?

Our regional center is struggling because of the pandemic. There is a chance that it will file for bankruptcy. The jobs were created as the project is almost completed. Our I-526 was approved a few months ago and we just started Consular Processing. If the regional center eventually goes bankrupcy before the I-829 stage, could our permanent green cards be impacted?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

It could be impacted. However, before the actual occurrence of such unfortunate events, consider making a host alternative actions with both the regional center and your legal representatives that can still ensure you can secure your permanent residence since you have met several requirements. Do not wait until the event has happened.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Yes, but the new regulations may allow for the case to continue under a new regional center.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

The fact the jobs were created means who have eligibility but there will be problems if the regional center no longer continues to operate. Investors need to make sure the regional center continues to operate, if possible. It appears the investor might be able to refile based on a new investment and keep the filing or priority date if they can show no fault on their behalf.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

If the new commercial enterprise is not able to create the required number of full-time positions for U.S. workers or your investment cannot be sustained at risk for the two years, then yes, your I-829 could be impacted. You should seek an experienced EB-5 attorney who can advise you of your options.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, the I-829 may be impacted. There may be options to redeploy your funds.

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