[HOT] I-829 conditions removal denials

When it comes to an EB-5 case, even after an EB-5 investor obtains a conditional green card status, he or she has to be concerned about the possibility of I-829 denial. In our opinion, there are two kinds of denials: reasonable and unreasonable ones. You would think that CSC would give you a benefit of doubt when a foreign EB-5 investor invests $500,000 USD or more into a U.S. commercial enterprise and moves his family to the United States and spends more money in the U.S. economy, but no, that's not how USCIS works. They will deny your case unless you prove to their satisfaction that you deserve the conditionals removal. Therefore, "reasonable" denials are those that an immigration attorney will tell you that the I-829 requirements have not been met; and "unreasonable" denials are where a strong argument could be made that you met the I-829 requirements but CSC does not agree with your position EITHER because the examiner misunderstood the I-829 requirements OR the specific governing issue(s) have not been settled.

We are not kidding you when we tell you that there is a plethora of I-829 issues which are not at all clearly covered by the current EB-5 statutes and/or regulations. This is not because CSC is out to get the I-829 petitioners but because the existing regulations are full of holes, and the way CSC is interpreting these unclear areas sometimes do not comport with commercial realities. Actually, EB-5 statute is written very broadly to favor investors/I-829 petitioners from meeting the EB-5 requirements. Moreover, when you read USCIS issued guidances on EB-5 area, it says clearly that the guidance memos do not establish law and is not to be relied upon in litigation, etc. In other words, there are "huge" black holes in EB-5 law when it comes to I-829 issues -- mainly because these issues have never arisen before. Depending on the types of attitudes that prevail among the USCIS officials controlling the EB-5 division, they can either crush the EB-5 Program or let it flourish. In our opinion, they are similar to Federal Reserve officials who must know when to tighten and when to loosen up their grips on EB-5 law and/or regional centers. USCIS has to be fair and reasonable in its administration of the EB-5 Program, especially because they are the one who had public hearings in 2003 encouraging people to form regional centers and telling everyone that they will be fair and reasonable.

Now, it is crucial that you obtain proper advice from an experienced EB-5 practitioner when you receive Request For Evidence in connection with your I-829 petition. You need to do everything possible to properly analyze what CSC is asking and to be persuasive in your responses. Therefore, the worst thing you can do is to wait until CSC actually sends you a denial letter before retaining an experienced EB-5 practitioner.