How can I appeal a denied EB-5 application due to source of funds? - EB5Investors.com

How can I appeal a denied EB-5 application due to source of funds?

I received this a few days ago: “In summary, USCIS has determined, based on the initial evidence submitted upon filing and after consideration of all additional evidence submitted, that Petitioner has failed to establish by a preponderance of the evidence that the Form I-526 complies with applicable legal requirements. Consequently, USCIS concludes that Petitioner is ineligible for classification under INA §203 (b)(5)(A).”

Back in 2020, when COVID was at its peak, we were asked to provide more fund evidence, but because my country was in full lockdown, no one was able to get anything concrete. We tried our best to provide as much as possible. But the letter few days ago clearly demonstrated it wasn’t enough. What are my options? If I can provide much more evidence now, what is the success rate if I file a motion or an appeal to this decision by Form I-290B? How much would it usually cost? What kind of immigration attorney is willing to take this case?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you explain why you were unable to get the evidence, then you should file a Motion to reopen and submit the new evidence. This type of case is handled by an EB-5 immigration lawyer.

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If the denial was due to the source of funds, you may potentially be able to refile a well-prepared case with the same regional center without incurring an additional administrative fee. Alternatively, an experienced EB-5 immigration attorney can assess whether a motion to reopen or reconsider or possibly an appeal may be viable in your case.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Two options – re-apply or appeal. We can look at the facts to advise you and advise cost is you are interested.

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