You are hereFrequently Asked Questions / EB-5 Processing & Procedures / [Q] Can I-485 be denied after I-526 petition is approved?

[Q] Can I-485 be denied after I-526 petition is approved?


[Q] I heard from someone that in one case, the USCIS California Service Center (CSC) initially approved the foreign national's EB5 petition. Once the CSC received the I-485, it issued a Notice of Intent to Revoke (NOIR) the previously approved I-526 immigrant petition. The CSC deemed the response to the NOIR as unsatisfactory due to the evidence provided and issued a Notice of Revocation for the previously-approved petition. Can this kind of thing happen to me also?

First, I don't think this occurred recently, but this sort of decisionsdid occur from time to time many years ago. In the past, one of the problems with EB-5 Program was that after I-526 petitions were approved often by another Service Center, CSC (where the applicant resided and had jurisdiction over the filed I-485 case) decided that the previous examiner mistakenly approved I-526 petition.

Currently, this kind of happening is very rare (as it should be), and is justified only where there were some adverse, material changes that CSC became aware of after I-526 petition approval, based on which CSC strongly believed that the initial I-526 was mistakenly approved. For example, if certain Regional Center project turned out to be a fraud, or if the applicant-beneficiary lied about some material facts, etc., that would be a justifiable ground for revoking the initially approved I-526 case even during I-485 stage.