I have invested in an EB5 Program and currently awaiting Condition removal for over an year.
Recently, The EB5 program ran into an issue and SEC has took over and appointed a receiver.
Although, It was communicated the investor interest will be protected and We should not worry.
Although, as per I526 , Job creation requirement was met and but project was not completed to the completion.
Meanwhile, All this happening, My son got married to his college girlfriend after graduating last year( married for an year now)
1. Should I be proactive and do something about it?
2. Should I reach out to USCIS and ask them the status of my i829 as it is over an year now?
3. Can my son file for another petition after withdrawing current one?
Did you use a regional center? You should contact them for updates on the status of the investment and your application. If not, you may want to hire an attorney to look into the situation and help you navigate it - it sounds like things have become complicated with the SEC getting involved.
You can try all of these actions, but most likely will not succeed. USCIS will not have any answers. You have no control over the project fulfilling the necessary requirements, so your green card may be in peril. Your son should look into other ways to immigrate. Consult a competent immigration lawyer in your area.
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There is not much to be done in these circumstances. It is much too often recently that EB-5 applicants are running into these issues. Your situation indicates that your permanent green card process is stuck and there is high probability that after several extensions of your temporary one, the permanent GC may be denied. Your son should look into other possibilities. Talk to a good lawyer.
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Your EB5 situation seems to be in jeopardy and you will need to contact the regional center to obtain an update. You can also contact the attorney that assisted you with this case. As a precaution, you can seek other options and alternatives in case the EB5 is not successful.
The job requirement must be met at the time of approving the I-829.
Your son may have multiple petitions and applications filed on his behalf.
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