2010/01/27 -- External Stakeholders Meeting at CSC Facility


* Time to time, there are CSC stakeholders meetings held on general immigration issues, where EB-5 related questions come up. Because of proximity of our law office to the CSC facility, our immigration law office is able to attend most of these stakeholders meetings in person to listen to and ask questions on EB-5 related issues to get a better "feel" on how CSC is interpreting certain EB-5 issues.

Q: When does unlawful presence begin where I-829 is denied, because based on our experiences, it appears that Notices to Appear (NTAs) are not being issued when I-829s are denied.
Q: After the I-829 petition is denied the CSC forwards to ICE for NTA issuance. It is out of their hands at that point.

Q: The December 11, 2010 Neufeld EB-5 Memo indicates that a new I- 526 is required if material change and the applicant already a conditional resident. What exactly is a material change?
A: If the original I-526 was based upon a specific business and related business plan and the investor instead pursues a completely different investment, a new I-526 is required.

Q: Will an increase in project spending or investment amount require a new filing of I-526? In other words, is this a material change?
A: Not if the overall increase in funding requirements does not affect the beneficiary’s personal investment requirement.

Q: What procedures to follow when updating a pending AOS in another EB category that is on file with another Service Center?
A: Email CSC a copy of the approval notice for the I-526 to the CSC with the request. This would presumably be to the EB-5 email address.