The US Government program to provide Green Card to migrants, via the much talked about EB-5 Program, is really not an easy thing to do. Despite reasonably good potentials, the program in question is one which has several loopholes even while it is not easy to understand it.
Most of the time when an investor fails to show due diligence in filling the form and applying at the correct regional center he may be denied the privilege of filing of the I-829 petition. These days, several considerations are being given to make the required and the needed changes in the EB-5 Program, and make it more favorable and in the increased interest of the investors.
Even after an investor has obtained a conditional Green Card, there still are chances that he may be denied EB-5 I-829. Since it is really difficult to understand some of the involved complexities of the EB-5 Program, ensure that you get in touch with a qualified attorney when you are given a RFE on the I-829 case.
Try not to wait for USCIS to issue a formal denial notice as if the notice is issued, you will be required to give a very reasonable RFE response, along with a prospective appeal in mind. This is so because the USCIS will reject your I-829 case if you fail to show, to their satisfaction, you fulfill the requirements for conditional removals.
So, “reasonable” denials can be explained to you by a knowledgeable practitioner and you can know that which I-829 requirements have not been fulfilled by you. A powerful and reasonable argument be able to be help you to convince that the USCIS examiner misinterpreted the I-829 form requirements OR USCIS is rejecting the I-829 case based on one of its guidance memos which are not under any effective and binding law.
The USCIS has formed an added immigration threat by its inability to evidently and practically describe “material changes”. Subsequent to the I-526 approval which has significantly increased the immigration risks of EB-5 investors. Presently, many types of changes followed by I-526 petition approval can be deemed by the USCIS to fall under “material change” and consequently can direct to a rejection of the I-829.
Once the I-829 rejection is removed, you can get the much-prized and much sought after status of the Permanent Resident of the US.
