When it comes time to submit my I-829, how can I avoid being denied for "material change" which has evolved within my business within the two year period? What changes are allowed and which are not? What paperwork do I need to present from my business in order to make a good case? And if my I-829 is denied, will I get a chance to resubmit information?
This question is very complex and fact specific. An accurate answer cannot be given without having more detailed information on you case. In regards to material change in your business, this will depend on what you stipulated in your I-526 petition. It is best to consult an immigration attorney to closely examine your I-829 petition prior to filing it.
Please refer to the May 30, 2013 decision.
Please consult an experienced immigration attorney and do not submit I-829 petition on your own.
The filing of a Form I-829 is fact specific to the investment made, I would recommend consulting with experienced immigration counsel on the specifics of you case before filing.
You have a lot questions and it is best to consult an immigration attorney. Normally if, as you stated, your business has evolved, you have a risk of being denied. I need more detailed information to answer your question. To do it yourself, you can compare your business plan for I-526 and current business, if you can explain away material changes, then you might have a shot.
Your question presents some fact-specific issues. You should retain an experienced EB-5 immigration attorney who can review all of your documents and advise you on whether or not your case involves any material change.
The I-829 stage is a critical stage in your permanent residence processing. It is the stage in which you need to prove the legitimacy of your business plans and proposed actions which qualified you for the EB-5 Immigrant Investor status on a conditional basis. I would advise consulting with your immigration attorney on the best course of action in filing this petition.
In order to have a successful approval of your I-829, you must avoid material changes in the investment. An example of a material change would be if the investment is in a residential development and when you file the I-829 you submit information on a restaurant. We are available if you need further information or assistance.
These are complicated questions that would need to be analyzed again, the original business plan and what is normal in the business.
The approval of the I-829 petition is significant, as the goal is to seek approval from the USCIS so that you and your family members, if applicable, will be able to obtain unconditional permanent residency. The documentation to be prepared and used in support of the I-829 petition needs to be reviewed and analyzed for filing by an experienced EB-5 immigration attorney. The most appropriate way to proceed is to seek the services of an EB-5 immigration attorney to advise you on such matters as material change especially in light of the new EB-5 policy memorandum which was issued last week.
The material change denial has been a serious issue for I-829 adjudications. It depends on what your I-526 approval had and how it was changed. Please consult your EB-5 immigration attorney with documents to get more detailed advice.
That is not an easy question to answer. Basically you have to use a common sense approach which means what would an average reasonable person need to decide that a change in the business was material and if the change is not material was the change reasonable. You will have an opportunity to respond to the a denial if it comes. You should prepare in advance for it if it is a real possibility. I would not submit the I-829 on my own without the assistance of an Immigration Attorney. The I-829 is more important and looked at much more carefully than the I-526 Petition. If you want to keep your green card, I suggest you seriously consult with an Immigration Attorney Immediately.
Your question is extremely complicated and fact specific. You really should discuss this with your lawyer. If you do not have one, I think you will need one to assist you.
