I am an Indian national and an EB-5 investor. I am currently on F-1 visa and I got my I-526 approved on June 6, 2019. Since I knew that the visa backlog would hit Indian investors from July 1, I have planned everything accordingly in advance and filed for adjustment of status on June 28, 2019. However, wrong payment information was given to USCIS and I did not realize it until July 1. This has made me ineligible to file my adjustment of status application now. With a priority date in 2017, I will face several years of waiting. I had to turn down several job offers because I do not have a valid status in the U.S. anymore. At this point, is there anything I can do to mitigate the damage?
Unfortunately, you cannot mitigate if your I-485 was rejected due to an incorrect filing fee and it was not USCIS' error. However, for you it is possible that you may be able to file once the new fiscal year starts in October, provided that your I-526 petition is in the 2017 priority date range.
Was USCIS right to reject it? I have seen them reject things improperly. If so, you can try to resubmit, point out the error, and beg them to receipt it from the original date.
While the mistake is unfortunate, you should try to make amendatory efforts to correct the error prior to the rejection of your application. Ask your attorney to assist in this circumstance. If the attempt fails, you have few options, such as to remain on the current F-1 status, wait until an EB-5 visa is available and then refile again. In order to avoid falling out of status, which may further complicate your case, consider leaving the country even if it is for temporary period. Advisably, consult an EB-5 attorney on how to either re-apply or avoid similar mistake in the future.
It is very unlikely USCIS will accept this late filing since in order to accept an adjustment the case has to be properly filed, which means you need the correct filing fee. On the positive side, if you have a 2017 priority date, then when the new fiscal year opens you might be eligible to file since the State Department has estimated they will likely have a 2017 cut-off date for Indians. A 2017 filing will not have to wait several years for new filings.
If you're unable to file your application for adjustment of status in a timely manner when visa numbers were available according to the Visa Bulletin, and your petition on Form I-45 was rejected due to an incorrect payment information, unless it was an error on the part of USCIS, you would have to seek an alternative status in the U.S. until visa numbers are available for Indian nationals according to the Visa Bulletin. Depending upon your status, you might be able to seek, extend or change status to F-1 student status, or extend an existing work-authorized status. Or under certain circumstances, you can extend a visitor status. You should seek advice from an experienced immigration counsel who is board-certified in immigration and nationality law, if same is available in your home state.
I am sorry for what happened to you. Nevertheless, you should not despair. The fact that, in the August bulletin, final action dates for EB-5 for India was published as Oct. 15, 2014 should not alarm you. It is expected that when the new quotas are announced in a couple of months, that date should move much closer to the date that was published in July, which was May 1, 2017. If your priority date is on or before that date, then you have not lost any significant amount of time. That said, you should certainly contact USCIS through your attorney who should plead your case.
If USCIS has already rejected your I-485, you have no choice but to wait for the visa to be available.
Sorry to hear this. It is not uncommon, unfortunately. Was the petition filed by an attorney? If so, there is a slight (and I emphasize slight) chance USCIS would accept your filing under the original filing date if the attorney takes the blame, Lozadas him/herself and pleads for an exception due to hardship to you/your family. Again, a very slight chance USCIS would accept it. Most likely, you are out of luck and will have to wait for the priority date to become current.
While your I-526 is pending, maintain your F-1 visa until you are able to apply for another type of visa, i.e., H-1B.
