EB-5 (I-829 adjudication still pending after insanely long 24 months)

#1
Hi everyone,

I'm an EB-5 investor and I filed my I-829 on Nov. 20 2014. It has been over 2 years and my case is still pending with the USCIS IPO. My attorney keeps emailing the IPO every month and they usually say that the case is still pending and sorry for the delay. However, we just sent another inquiry this past week and their response was standard again with the expiation that, they're now saying the case is still pending and it's under "EXTENDED REVIEW". When I asked my attorney what that meant, he said he doesn't know. I've been reading the forums and whenever the term "extended review" is mentioned, it is usually related to background checks and in some cases they say that it is in the "final stages" of the case. The current I-829 processing time is over 23.8 months so I'm just a little over the normal processing time.

1- Are they just using this term loosely since it may be another Immigration Officer? Is it another word for just normal processing?

2- Is it background check, security check?

3- Since my case is an I-829 adjudication and not an I-485 or anything else - how long more do you guys think I will have to wait for my case to be adjudicated?

I am assuming if there was an outstanding issue they would have already asked for RFE.

I submitted my finger prints and biometrics in June.

I am with AMLIFE INC. and my project has been active for the past 2 years and more than %60 active tenants.

This is IPO's latest response re: my I-829

"This email is to notify you that receipt XXXXXXXXX is currently pending with the Immigrant Investor Program Office for extended review. We regret that we are unable to provide you with a completion date at this time. We apologize for the delay."


I would greatly appreciate your thoughts on this frustrating matter.

Thanks.
 
#2
Hi AtilaC,

Sounds incredibly frustrating! You don't have a ton of options in terms of expediting the process, you have to pretty much sit and wait. However, at least you're all the way into the I-829 stage and not stuck at the I-526 stage! Plus, from what I've seen statistically, they approve the vast majority of I-829 applications, so you should be fine.

One thing I recommend is that you check in with your EB-5 project manager / Regional Center to make sure they aren't doing anything crazy with your investment funds. You're so close to receiving I-829 approval, so it's almost time for you to be repaid.
 
#6
I am not an immigration attorney, however I am managing an EB-5 project. Also, I can connect you with a good immigration attorney if you'd like. Feel free to visit my website - nyeb5fund dot com - and submit an inquiry form for more information!
 
#8
Good morning Atila and thanks for your thread, i have a question for you so i can understand what's going to happen to me in the next years. After a 2 years period of conditional green card you ask to remove the condition, but if you pass the expiration date what do they do? They send to you an extension? Or you only have to wait, but you can't go out of Us? Or something else? Thanks for your help.
 
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