My project stopped due to the lack of capital three years ago. There has been no substantial progress since then. According to the regional center and the third-party employment report, my investment has created enough jobs. Since the project was not finished and capital was not repaid, my investment sustained in the project during the two-year conditional green card period. In March 2020, I received an RFE on my I-829 from USCIS. My lawyers submitted detailed supporting documents in April 2020 to address the issue of job creation. But I have not heard back from USCIS since then. This is the 29th month since I submitted the I-829 and the 4th month since RFE response was filed. Will my case be rejected because of the project?
Answers
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the evidence shows that you sustained your investment at risk and the project created the required number of jobs, then your I-829 should be approved. If the I-829 is denied and USCIS puts you into removal proceedings, you can renew your I-829 petition before the immigration judge, where you will have a second/better chance.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIt is not possible to say without reviewing the documentation. But if the jobs were created and the investment capital sustained, there is a reasonable chance of approval.
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