The simple answer to this question is that if you fail to get an I-829 approval on your EB5 visa you face possible DEPORTATION from the USA; there are no guarantees that you will get an I-829!
Unfortunately, this is a point that is too often ignored or missed by people looking at the EB5 visa as their best option for obtaining permanent residence in the USA.
Some families assume, or are led to believe by regional centers or their agents, that once they have applied for the EB5 visa and been approved by the United States Citizenship and Immigration Service (USCIS) through an I-526 petition, all the hard work is over and they are permanent residents of the USA.
However, the important point to keep in mind is that entry into the USA on the EB5 visa is initially through a conditional green card issued for a two-year period.
In a specific time frame, towards the end of this two-year period, it is necessary to file an I-829 (removal of conditions) petition. Success at this stage sees the removal of these conditions and a permanent green card; failure at I-829 could result in deportation.
Although the conditions for removal seem straightforward there is no guarantee that they will be met.
These conditions relate to:-
• Sufficient evidence that each investment of $500,000 has been invested in line with the original I-526 application. This should not be taken for granted; there have been examples of a regional center moving funds to an alternate program which led to refusals at the I-829 stage.
• Sufficient evidence on the creation of ten jobs per investor in the approved targeted employment area.
There are a number of issues that can occur during the two-year period of the conditional green card that could compromise the likelihood of obtaining the I-829 petition and having the conditions removed.
To name a few:-
• Downturn in the industry in which the project operates
• Problems in the development or construction of a real estate project
• Problems in the viability of a project leading to the creation of insufficient jobs to satisfy the ten jobs per investor criteria.
The importance of seeing the entire picture prior to selecting the most appropriate regional center for your EB5 visa application is critical. Which EB5 have a 100% track record for several hundred EB5 visa clients across a number of regional centers. For independent EB5 visa information contact Which EB5.
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