Questions and Answers > Other Eb-5 Questions

What will happen to my investment if my I-829 is denied?

I prepared my own I-829 petition and it has been a really long time now. I have heard nothing back and it has been almost 8 months. Does this mean it was denied? What will happen to my money if it is?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on June 18, 2013

  How you obtain your funds back depends on contractual agreements you have signed with the target investment entity. Documents such as limited partnership or LLC agreement, subscription agreement, and private placement memorandum outline what happens to your funds if the I-829 is denied. If it was a direct EB-5 case, businesses in which you invested should also have business documentation that governs these issues. You may check the status of your pending I-829 on USCIS official website and contact them once your case is outside the processing times.

• Mahsa Aliaskari

  Immigration Attorney

  Answered on June 13, 2013

  What happens to the funds you invested is governed by the terms of the investment and subscription agreement.

• Reza Rahbaran

  Immigration Attorney

  Answered on June 13, 2013

  You should check your case status on the USCIS website for up to date information on your case. If your petition is denied, your funds will be subject to the agreements that you signed with the business entity that received the funds.

• Jeffrey E Campion

  Immigration Attorney

  Answered on May 28, 2013

  You can call CIS and ask them the status. Nine months is long. About your money, it''s a case by case basis. If denied, you would lose your residency.

• Lei Jiang

  Immigration Attorney

  Answered on May 28, 2013

  You will not get a green card and your investment will likely be tied up in the regional center for the remaining period. I hope you will get approved. Otherwise, you saved so little by risking so much. You should hire an immigration lawyer.

• Rachel Lew

  Immigration Attorney

  Answered on May 23, 2013

  According to USCIS processing time as of 03/31/2013, it was working on petitions filed on or about 05/16/2012. It sounds that you filed yours in about August 2012. I think it is still within the normal processing time frame. You should check your case status at USCIS''s website to confirm whether it is still in initial review stage. Without knowing whether your investment was through a standard individual EB-5 petition or through a regional center, I am unable to predict what will happen to your investment capital if your I-829 is denied.

• Joseph Best

  Immigration Attorney

  Answered on May 23, 2013

  Your investment is going to be independently governed by legal agreements you have made with the business entity into which you invested the money. If there is a clause in your agreement that the money may be returned if the visa petition is denied- well then that will govern- but that term could also impact the decision on your visa petition. In terms of the actual investment- how it makes money for you- what terms are applied to the investment- all of these issues are something that you must negotiate with the business into which you''re investing your capital/money. In terms of your filing so long as you did actually file something complete and got a receipt notice back for the filing the filing is in the process then of being adjudicated. You can generally check on the status of filings with USCIS by getting the receipt number. USCIS cannot legally ignore a filing if properly completed and submitted with the proper fee. And if there was an issue with the way in which it was filed- for that as well you would have been notified by USCIS.

• Philip H Teplen

  Immigration Attorney

  Answered on May 23, 2013

  The investment is not linked to approval; however, we can certainly assist in obtaining a status and providing any additional support.

• Ed Beshara

  Immigration Attorney

  Answered on May 22, 2013

  The filing of the I-829 petition only relates to the granting of the unconditional permanent residency. Therefore the denial of an I-829 petition may not effect the repayment of the loan proceeds to the EB-5 regional center fund.

• Lynne Feldman

  Immigration Attorney

  Answered on May 22, 2013

  Are you invested in your own project or someone else''s? Are you invested in a Regional Center? Any project other than your own project should be giving you periodic reports on your investment. You would need to read all of the various documents you have signed to see what if any part of the investment you will get back. You should have an idea how the project is going and how much money they are making or losing. You are required to be involved in managing and directing the development of the project. Has all of your money been invested? Have ten jobs been created with your portion of the investment? These are the two primary criteria for an approved I-829 so you should have had all of this information when you submitted the I-829. You should certainly check processing times on the I-829 and if they are beyond normal processing times, put in an inquiry. If you are sent a Request for Evidence I strongly urge you to get counsel to assist you in responding, these are complicated cases and complicated laws governing them.

• Jinhee Wilde

  Immigration Attorney

  Answered on May 22, 2013

  USCIS is taking about a year for I-829 adjudication according to the latest published processing time. So, your case should still be in the pipeline waiting to be adjudicated. Whether you get your money back if it is denied is based on the contractual agreement you have with the project. Please consult your immigration attorney.

• Roberto Ortiz

  Immigration Attorney

  Answered on May 22, 2013

  USCIS is delayed in the processing of both the I-526 and I-829 applications. USCIS recently mentioned that it was moving its EB-5 office to Washington, DC. Your application has not been denied. USCIS usually approves it, requests more documents, or denies it. USCIS will send you a decision. You can also contact the USCIS 1-800 number and make an inquiry on your case.

• Clem Turner

  Securities Attorney

  Answered on May 22, 2013

  The obligation to repay your money should be in the contracts you signed in connection with your investment in the EB-5 entity, and should have nothing to do with your I-829 determination. I would advise you to speak to an immigration attorney, in case you have an error on your I-829 application. Eight months is not overly long, but if you have made a mistake you want to correct it ASAP.

• Boyd Campbell

  Immigration Attorney

  Answered on May 22, 2013

  No, you have a pending I-829. Only you would know what will happen to your money.

• Neville M Leslie

  Immigration Attorney

  Answered on May 22, 2013

  You should get your money back. Check with your regional center.

• Stephen Berman

  Immigration Attorney

  Answered on May 22, 2013

  If the visa petition is denied, it should have no impact on your investment.

• Diana Levy

  Immigration Attorney

  Answered on May 22, 2013

  I-829''s take a significant amount of time to process. You need to be patient. The most likely scenario is that you will receive a Request for Evidence if the evidence you submitted with the I-829 petition is insufficient. In that event, you will have one opportunity to provide all requested documentation to back up the assertions in the I-829. If you have any concerns at that point, you would be wise to consult competent immigration counsel. If your I-829 is denied, you always have the option of starting the process over with a new I-526.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on May 22, 2013

  Current I-829 processing time is about 9-6 months, so it is likely that they have not even looked at your petition yet. When the petition is adjudicated, you should expect to receive either a written decision (approval) or a request for evidence (RFE). It is unlikely, but remotely possible, that you would receive either a Notice of Intent to Deny or a denial decision (but this is rare; usually USCIS sends an RFE if they have questions). You will have an opportunity to respond to any RFE or notice, and in the event that your petition is denied, you would have the opportunity to appeal or to renew your petition in removal proceedings should such proceedings be instituted. I would strongly recommend that you hire an experienced EB-5 immigration attorney in that event. The approval or denial of an I-829 petition has no direct effect on the funds you invested two or more years ago when you submitted your I-526 petition.

• Shae Armstrong

  Securities Attorney

  Answered on May 22, 2013

  Did you invest through a regional center? The backlog for I-526 and I-829 has grown worse and worse so this does not mean you are denied.

• Brian Johnson

  Immigration Attorney

  Answered on May 22, 2013

  You may contact USCIS to inquire into the status of your I-829 and also be sure to report any changes of address. Your investment is not guaranteed and may not be refunded to you in the event of an I-829 denial.

• Shahzad Q Qadri

  RC Creator

  Answered on May 22, 2013

  No it does not mean it has been denied, you will receive a written notice if and when it is denied. As to your investment, it was contingent on the agreement you entered into. Generally unless the RC has failed, you should be able to get your capital back.