In the event your immigration process is faced with delays or your petitions have been denied, there are various options investors can pursue. At AIIA we hope to provide you with the resources and information that can help protect your immigration interests.
Expediting an EB-5 application
Unlike other immigration methods, the EB-5 does not have a “pay-to-expedite” (i.e. premium processing) option to speed along an investor’s application. However, there are two types of expedite applications that can be filed in EB-5:
- Project expedite – When a project demonstrates meeting USCIS criteria for an expedite, entire projects can be expedited and all immigration applications that have already been filed by that project’s investors can be processed once the expedited application is approved. However investors must keep in mind that a project that receives expedite approval only allows expedite for the investors who have previously submitted their I-526s in that project. This courtesy is not guaranteed to future investors in that same project.
- Individual application expedite – Individual applicants may also apply for an expedite request with USCIS. It is up to the agency to decide whether or not the individual investor’s needs qualify under their request criteria.
Reasons that USCIS deems acceptable for expedite….. <Enter Password to Read More>
“Requests for Evidence” and “Notices of Intent to Deny”
In specific cases requiring additional documentation, USCIS may issue two different notices to investors and their attorneys to obtain further documents. These notices are called “Requests for Evidence” (RFEs) and “Notices of Intent to Deny” (NOIDs). These requests, while serious, are common measures typically used to ….. <Enter Password to Read More>
Request for Evidence
When an EB-5 application at any stage in the process lacks important details or brings questionable information to light, USCIS may issue an RFE for clarification through provision of additional evidence. After the RFE is issued….. <Enter Password to Read More>
Notice of Intent to Deny
If an investor provides disqualifying evidence of their eligibility for EB-5, or there are serious questions outside the record which suggest that the petition contains a fatal flaw, USCIS may issue a NOID. The primary difference between a RFE and a NOID is….. <Enter Password to Read More>
Writs of Mandamus for Delayed Petition Processing
Delays are, unfortunately, a common occurrence in processing EB-5 petitions. Official processing times from USCIS will likely show extremely long waiting times for processing these immigrant petitions. Many investors find themselves frustrated with these long USCIS processing times, as well as estimated wait periods especially if their case is outside of them. While waiting is painful and frustrating for many investors in the EB-5 process, AIIA empathizes with EB-5 applicants whose family and life plans are derailed, and seeks to provide education about some of the common solutions with delayed petitions. We also offer referrals to lawyers with vast experience and top-notch expertise in these solutions with discounted legal fees for AIIA members.
EB-5 investors can file a “writ of mandamus” which allows……<Enter Password to Read More>
Support for Denied Petitions
In the case of receiving a denied petition, investors can appeal the denial in the Administrative Appeals Court of USCIS (AAO) or renew their case in Immigration Court (in the case of a denied I-829 only). AIIA can refer you to skilled immigration and litigation counsel that would be best equipped to assist investors with denied petitions. ….. <Enter Password to Read More>
Acronyms
AAO- Administrative Appeals Court
NOID- Notice of Intent to Deny
RFE – Request for Evidence
USCIS- United States Citizenship and Immigration Services