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What happens to my application if my regional center gets terminated?

Recently my EB-5 petition (I-526) got approved and I received a payment invoice for my visa from NVC. A couple of days ago our regional center got terminated in Vermont. Will I be able to obtain my conditional green card? What will happen to my application?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Although termination of a regional center is unfortunate, your situation presents a unique challenge because your I-526 has been approved. At this time, it is advisable that you work with an EB-5 attorney who can work with your regional center that is obviously winding down its business. Alternatively, you may have to work with the trustee of the center as it winds down its business.

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    Charles Foster

    Immigration Attorney
    Answered on

    Fortunately, before the regional center was terminated, you received your current conditional permanent residency. However you must still file the Form I-829 to show that you met the legal requirements in terms of investment and job creation. I would consult with you attorney and your agent if you have one. But it may be possible to still preserve your opportunity to remove conditions and obtain your lawful permanent residency on a non-conditional basis. It would depend upon the facts. Even if the investment were bad from a financial point of view, it may still be possible to show that funds were invested and jobs created.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The NCE needs to secure sponsorship of another RC ASAP.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Having a regional center is critical. We are in a new era with the USCIS terminating numerous RCs. We are hoping that they will allow affiliation with a new RC.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    That would depend on what the reason for the termination is (i.e., fraud, project issue, etc.). However, if you can still demonstrate that the requisite investment was made and jobs created by your investment, etc., you may be able to complete the processing. You may run into issues when it is time for the removal of the conditional permanent residency, however, if the RC is defunct.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The consulate should not necessarily re-adjudicate the case, as you established eligibility at the time of filing, but you are also no longer in compliance with the requirements of the EB-5 program without a regional center. So, even if you do get the CPR, you will not be able to remove your conditions. It is impossible to predict that a project will go off the rails so badly that its regional center will get terminated, so working with experienced professionals when picking a project is more important than ever.

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