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What happens to the investors who are in the process of filing their I-829s if their regional center is terminated?

I invested in a regional center project and have received my conditional green card. I am currently in the process of preparing my I-829 application. However, the regional center I invested through might get terminated. If it does, am I still able to get my I-829 approved? What could happen to my case?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    As long as the jobs have been created and you can get the necessary documentation, you should be OK.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Would need more detail to provide proper guidance here, but depending on the reason for the regional center termination and the status of the project you have invested at this point, etc., those may be factors in whether you can continue with the I-829 processing.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    This is rather unfortunate. The I-829 may encounter a non-approvable situation because there is just no data and other information to back up the I-829 filing. Advisably, make sure you and your attorney monitor and watch the regional center situation very closely to prepare for any occurrence that may occur in the future, particularly if the regional center were to be terminated.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Let's be optimistic. If the jobs that were projected to be created in the business plan are in fact deemed to be created - in other words, if the funds that were claimed to be spent are in fact spent and the project is already finished - chances are very good that your I-829 will be approved. Technically, your responsibilities for job creation end at the time of I-829 filing. This is because USCIS clearly stated that "an investor does not need to maintain his or her investment beyond the sustainment period." The sustainment period is the two-year conditional green card period. So, even if the regional center goes out of business after you file I-829, if there is no fraud and their job-creation obligations, according to the rules cited above, are fulfilled and you should be safe. That said, I strongly recommend for you to get proper immigration advice and not rely on the few sentences you read in this open forum. Your specific case might have special factors that might need to be taken into consideration to properly advise you.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    This will largely depend on reasons for termination of a regional center. If there was substantial compliance, no fraud issues and requisite jobs were created, it is possible the I-829 may go through if your case is approvable at the time of filing. This is a complex question for an open online forum. It is highly advisable that you discuss this with your immigration attorney to explore ramifications and possible solutions, including possible federal court litigation.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The answer depends on the facts of your case. Was the EB-5 project completed? Funds spent according to I-526 BP? Why is the RC being terminated? And so on. Make sure you have an attorney who represents you (as opposed to the RC) and get to the bottom of this ASAP.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your regional center is terminated prior to filing your petition to remove conditions on Form I-829, you have no choice but to file the petition and still establish that the funds were fully deployed and the jobs were created. The EB-5 program does not guarantee that you will have a successful investment; in fact, it must be at-risk, so it's still possible that your I-829 petition could be approved.

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