My I-829 was denied after the NIOD due to the regional center and the attorney”s negligence in handling my case: the regional center”s failure to provide the requested documents on time, and attorney submitting NIOD without any new documents. What can I do? What are my rights? Their negligence has caused further delays and troubles for my immigration case. And I have to file I-209B, which they are charging me extra money for.
Is there any law that protect us EB-5 investors in this situation?
I would consult with separate counsel to do the I-290B. You can file a malpractice claim with the State Bar Association.
While you certainly have appeal rights, your first order of business is to obtain new immigration counsel to handle the matter. As for the Regional Center, if they failed to provide what was requested on time, you may well have a case against them for negligence, assuming they do not have an excuse for their conduct.
There are no laws designed specifically to address this. This is one reason we do need to pass legislation to update and "modernize" the program. You mention that the regional center has not been cooperative in providing the necessary documents. If you can prove this, the regional center may be at risk. If the regional center will not provide, the lawyer has to file with what they have. While technically the lawyer can initiate legal proceedings to obtain the documents, that type of litigation will take months and if the regional center is not cooperating, then the lawyer may have no choice but to file because there is only a narrow 90-day window within which to file. Sometimes it is not the fault of the regional center either because possibly the new commercial enterprise or the job creating entity will not provide the necessary documents.
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