Questions and Answers > EB-5 Investments

What will happen to my I-526 petition if I withdraw my funds from the regional center after job creation is met?

I filed my I-526 petition in December of 2018 after i transferred the funds ($500,000.) The regional center informed me that due to Covid-19, there is a problem to secure a senior loan and asking me to select either to pump the funds in the project which is risky due to no senior loan or withdraw the funds. If I ignore them, the regional center said it will treat me as I withdraw. The job creation is already achieved. If i withdraw the funds, will my I-526 petition be approved? Am I still eligible for a conditional green card?

Answers

• Ying Lu

  Immigration Attorney

  Answered on January 14, 2021

  If you withdraw your investment, most likely, your I-526 will not be approved. Even if it is approved, you cannot get through the I-829. Better to find another project to restart.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 14, 2021

  The investment has to be sustained through until the I-829 filing and in order to get an I-829 approval you need to show that the investment has not been withdrawn.

• Lynne Feldman

  Immigration Attorney

  Answered on January 14, 2021

  Will need more facts to answer.

• Stephen Berman

  Immigration Attorney

  Answered on January 13, 2021

  It will be denied.

• Sam Silverman

  Business Plan Writer

  Answered on January 13, 2021

  You should request prompt repayment of your EB-5 capital investment. Then you will need to withdraw your I-526 petition and then re-file a new I-526 petition with a different project (one that is already under construction and has a funded senior loan that is not impacted by COVID.)

• Dale Schwartz

  Immigration Attorney

  Answered on January 13, 2021

  I would advise you not to do this until your permanent green card is issued. You should discuss this with your own immigration lawyer.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on January 13, 2021

  The I-526 could be approved; the adjustment of status might be approved as well (assuming no one asks for proof of sustained investment). But if you withdraw the funds, you will fail at the I-829 stage, at which point you are required to demonstrate that you sustained your investment at the time of I-829 filing.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on January 13, 2021

  To remove the condition on your two-year green card, you must sustain the investment and the project must create the jobs within the conditional/sustainment period. Therefore, to receive the conditional green card in the first place, it follows that you cannot withdraw the funds early, even if the jobs have been created.