I have been holding my conditional green card for 21 months and am eligible to file an I-829 application. I reached out to my regional center three months ago to request the supporting documents for my I-829. I haven’t received them yet. Is there any legal recourse for me in this situation? I think the regional center fails to provide supporting documents in a timely manner. Is this a violation of regulations by the regional center
While it appears the failure to produce documents is unacceptable, look at your subscription agreement for your subsequent move or decision. It is hard to prescribe any legal solution at this time without a good review of your agreement. Advisably, consult your EB-5 attorney on the nature of this situation and how to move forward.
There may be many factors why. Maybe they are updating the jobs report. While we often want to file on day one, you need to see what the reason is. If the regional center is decertified, then it can impact investors depending on the stage of the case.
The PPM and other documents would have required the same. You should request the same by certified mail with a return receipt requested, and if that fails, have your lawyer send a demand letter.
You need to determine if the regional center owners are also the developers of the project. If not, you can reach out to the developers to request the required information and documentation that the required jobs were created.
That is a matter of contract between you and the regional center. A corporate attorney should be able to help in this regard. You do need to file the I-829 timely though.
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