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What options do I have if my I-526 got denied by USCIS?

I submitted my I-526 about 20 months ago and recently got a decision from USCIS that my application was denied. The reason for the denial is that the developer of the project changed the scope/document of the project. Although I understand that I will be able to simply get my money back and choose a different project, I do not want to waste my priority date since the denial is not my fault. What options do I have now?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Hopefully appeal, or file a motion to reopen or even challenge this in federal district court.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The first step is to consider an appeal. However, since the fact that the developer changed the project so much that it led to the denial, it appears an appeal may be long and not successful. You are not really in line for any visa unless your appeal is successful. Advisably, consult your attorney or another EB-5 attorney to review your case.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you file a new I-526 petition for your investment in a different project, then you will get a new priority date.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Unfortunately, not much option. You can file an appeal or refile with a new project.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, there is no way to preserve the priority date if your I-526 was denied. If the regional center will appeal the denial and prove that the scope change was not "material," then you may be able to get the denial overturned and ultimately be able to get your I-526 approved. However, this assumes that the scope change was not material and that you could ultimately be successful, which is a big assumption. I would suggest that you work with the regional center and their lawyers to see if this could be salvaged through an appeal, but as the appeal process takes a long time, you also may be wasting more time for another denial (or affirmation of denial) and may have to start over again only months or even years later.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Under the current law, you cannot preserve the priority date. You can appeal the decision, assuming you have grounds for that.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your EB-5 investor petition on Form I-526 was denied, you should first and foremost consult with your agent and/or the attorney who represented you to seek his or her advice based upon the particulars of your case. Normally, you would be eligible to file a motion to reopen and reconsider the denial, which, again, you would do based upon the particular facts of your case. You state that your I-526 petition was denied because the developer of the project changed the scope and documentation of the project. Your attorney would have to argue whether that was a material change that required an amendment and whether the project developer could have informed the CIS of the change simply by filing an I-526 petition with the updated information.

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