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What options do I have if my regional center gets terminated by USCIS?

I have already gotten my conditional green card and have already filed the I-829. My regional center recently received a letter of intent of termination from USCIS. I am afraid that my green card may be at risk. What options do we have at this point? What can be done to prevent our status from being jeopardized should the termination actually happen?

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    When a regional center (RC) receives a notice of intent to terminate (NOIT) letter, it simply means the RC has either not filed its I-942A (which is typically due on Dec. 29 each year) or perhaps the USCIS felt the information on file about the RC in question shows it is not serving its purpose, which is promotion of economic growth in its area. The procedures for I-942A are pretty routine, but once in a while an RC can get NOIT for noncompliance. Ask the management of your RC what are the reason(s) for the NOIT. If it is just an I-924A violation, it can be easily corrected by filing of an amendment. However, if it is an issue that goes to the core of an RC establishment, such as inactivity or in some illegal activity, the NOIT may eventually lead to shutting down the RC. Generally, investors tend to have virtually less power over NOIT and eventually the resolution. However, consult an EB-5 attorney for legal assistance.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It may still possible to have the I-829 approved if the jobs were created. If not, it may be possible to substitute another RC or, possibly if the funds have not been spent, re-deploy into another job-creating project.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    I would suggest that you obtain a second opinion/consultation from an experienced EB-5 lawyer with your I-526 and I-829 applications. Much depends on why the regional center is being terminated and the relationship between the regional center, its principals and the job-creating business/project may be. This is not the type of question that could be answered in this type of general forum without proper context and associated documents.

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    Charles Foster

    Immigration Attorney
    Answered on

    You are fortunate that you already have an approved conditional residency and you have already filed your petition to remove conditions on Form I-829. However, given the fact that the regional center might be terminated, you should consult with both the attorney and perhaps any agent who represented you to reach out to the regional center and make sure that the regional center is timely in responding to the USCIS letter of intent to terminate. The best thing to do is for the regional center to successfully respond to that letter so that the regional center will not be terminated. Whether that happens depends upon a variety of factors, including the original reasons stated by the USCIS for termination.

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