*This information is not an offer of securities, or a solicitation of an offer to purchase securities. Offers of securities for this investment will be made solely by Confidential Private Offering Memorandum for this Offering (the “Offering Memorandum”) to qualified individuals.
*Offerings of the securities for this investment are made solely pursuant to the terms of the Offering Memorandum, which includes a detailed description of the terms of the offering, the Project and the risks of investment in the Offering. Investors must review the entire Offering Memorandum before making any investment decision to invest in this Project, and must rely solely upon the terms set forth in the Offering Memorandum with regard to their decision to invest in this Project. Any information provided outside of the Offering Memorandum should not be relied upon in making any investment decision, including the summary information provided for convenience on this website.
*Prior to the sale of any security to any investor currently living in the U.S. or visiting the U.S., the issuer will require such investors in the offering to provide information necessary to verify that such investors qualify as an accredited investor, as required under SEC Rule 506(c).
*Past I-526 petition processing times for this Project do not guarantee that USCIS will adjudicate any specific I-526 petitions for this Project within any specific period of time. Prospective investors must consult with their personal immigration attorney to understand fully the requirements, risks and processing requirements for any investment in an EB-5 project.
*An investment in this Project involves a high degree of risk of loss of the investment, as described in further detail in the Offering Memorandum. Investors should not invest in this Project unless they can bear the potential for the loss of some or all of their investment. There can be no assurance that any investor in this Project will receive approval of their I-526 petition or the return of their investment in this Project. Investors must review the Offering Memorandum to obtain further information regarding the risks of investment.
*A small number of applicants had a rejected I-526 due to administrative error unrelated to the project
*EB5Fast.com is the property of Odlum Equestrian Manager, LLC
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EB-5 is a United States immigrant investor program that offers citizens of other countries the opportunity to seek permanent U.S. residency through an investment that creates jobs in the U.S.
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How You Can Appeal USCIS Denial (Guide)
The EB-5 visa program is meant to help bolster the United States economy through foreign funding in exchange for the opportunity to receive a green card. While the process might be nothing but beneficial for the businesses receiving funding, the process can be frustrating and difficult for investors to traverse.
Often, the USCIS will deny an application or petition without seeing supplementary evidence, or in some cases, because the application does not demonstrate the eligibility of the investor or their assets.
The team at EB5Fast cares about your experience as an immigrant investor for the United States and want to help make your transition as smooth as possible.
In this article, you will learn everything you need to know about how you can appeal a USCIS denial, what an appeal is, whether there is a time limit which you need to abide by during an appeal, and many other answers to questions investors commonly ask about how to appeal USCIS denial.
Can You Appeal a Denied or Revoked Immigration Application?
Depending on the circumstances, investors whose applications have been denied or revoked by the USCIS may be appealed. (1) The process of appealing a decision is a request that the USCIS review their decision and should contain supplementary evidence showing the reason for the request is valid.
“Yes, you may be eligible to file an appeal or a motion on an unfavorable decision.
An appeal is a request to a different authority to review an unfavorable decision. You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. The BIA and the AAO are administrative appellate entities that have jurisdiction over different types of immigration cases.”
These appeals are made to a different institution within the Department of Justice. Information about what to include in your denial application will be provided in the letter informing you of the USCIS’s decision, as well as where you may file your appeal.
Unfortunately, if the decision from the USCIS does not include information about where you can make an appeal, it is likely that the circumstances do not allow you to make an appeal.
It is important to note that filing an appeal does not delay any decision made by the USCIS, and if the decision included the need for your departure from the United States, then those changes will still go into effect. Filing an appeal will not extend the duration of stay or cause the application to go back to pending; it will simply request that the USCIS takes another pass at their decision and allows the investor to supply new or supporting evidence of their claims.
Who May Appeal USCIS Denial?
Most investors going through the EB-5 process can file an appeal if the USCIS denies the application or petition. (2)
“You should really file an appeal only if you have a valid argument that USCIS or DOL made a mistake in your case. […] Make sure you fully understand the reason for the denial before potentially wasting time on an appeal.”
Ilona Bray, J.D.
The same rules that apply to the petition or application apply to the appeal paperwork as well, which means only the investor is allowed to file the appeal. Any beneficiary does not have the authority to file an appeal on behalf of the investor unless the beneficiary and petitioner are the same entity. Only individuals who are authorized to file the petition are allowed to file an appeal to any petition.
The petitioner may file the appeal with the help and consultation of a licensed immigration attorney; however, the attorney may not file on the petitioner’s behalf. This ensures that the information and evidence provided are accurate to the best knowledge of the petitioner and there are no mistakes made by a third-party when requesting the appeal.
It is important to understand that filing an appeal does not prevent or delay the USCIS from acting on any decision made under the appeal. Investors who are residing in the United States and are required to return home because of a rejected or denied application must do so, even if they are filing an appeal.
What is an Appeal?
An appeal is simply a request that a different authority reviews a decision made by the USCIS about a petition or application filed. This appeal is not a guaranteed reversal or revocation of any decision made by the USCIS, and it will not stop any effects of the negative decision made such as deportation or revocation of documents, but it allows the investor a chance for the petition to be reinstated, especially if there is new evidence to consider or if the decision was made in error.
The investor must be able to provide evidence that the decision was incorrect. Without new evidence or proof that the application was rejected in error, the chance of winning an appeal is slim.
Depending on the forms filed, the Administrative Appeals Office or the Board of Immigration Appeals may be the authority who reviews the request. The correct office, petition, and filing fee will be supplied on documents from the USCIS informing investors of negative decisions.
Is There a Time Limit to Appealing USCIS Decisions?
There is a time limit to when you can file an appeal of the USCIS decision. The denial or revocation decision will include information about where you can send the appeal paperwork.
The first step to learning how to appeal USCIS denial is to understand that the form must be filed within a certain timeframe of receiving the decision by the USCIS.
In most cases, the appeal must be filed within 30 days of service on the decision, and 33 days if the denial was received via mail.
If the decision is related to a revocation of an application or petition, investors may file the appeal within 15 days. If the revocation decision was delivered via mail, the appeal may be filed within 18 days.
If the USCIS Administrative Appeals Office fails to receive the appeal paperwork within the allotted timeline and the investor is unable to explain the failure to appeal on time, the original decision will become finalized regardless of the evidence provided in the appeal petition.
Any questions should be directed towards your immigration lawyer, ideally one that has been with you throughout the EB-5 process, as they are familiar with the laws and circumstances of your case and will be able to provide sound advice based on the facts. If you are unsure of what your case falls under, it is best to review the denial paperwork and pay attention to the specific language used by the USCIS in their denial or revocation, otherwise, consulting with your immigration attorney will be beneficial in helping you understand the circumstances and how to move forward.
Why Do Green Cards Get Denied?
The USCIS is invested in the United States’ best interests. The main purpose of this organization is to provide a path for foreign investors to fund the United States economy and, in exchange, they are offered a chance at citizenship within the country.
Once the investment is made, however, investors must still prove that they are eligible to become United States citizens and will become productive members of society. To do this, the USCIS has set benchmarks that the EB-5 visa program applications must meet before the investor is considered qualified.
To avoid delays in the EB-5 process, denials, or requests for evidence from the USCIS, investors must have all their paperwork together and remain familiar with the details of the case.
Green cards are commonly denied for several reasons. Most of which come at the time of the citizenship interview if the investor is missing information on the petition or the fees were not filed correctly.
Missing documents that identify the investor can also result in a rejection, as well as mismatched or inaccurate data supplied on the petition.
EB-5 petitions may be denied if you have not invested the minimum amount of funds for the particular project, or if you cannot document that the funds were obtained lawfully and that it is yours to spend, or if you do not supply a sound business plan that meets the USCIS requirements for providing adequate jobs for United States citizens.
References
- USCIS.gov, Questions, and Answers: Appeals and Motions, https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions
- Ilona Bray, J.D. Appealing Immigration Decisions with Form I-290B – FAQ, https://www.alllaw.com/articles/nolo/us-immigration/appealing-decisions-form-i-290b-faq.html
Is a Motion for Reconsideration Required Before Filing an Appeal?
In some cases, the petition filed may not be only eligible for an appeal, but also a motion for reconsideration. This motion is different than an appeal and may be filed as a separate request.
A motion for reconsideration is not required before filing an appeal, and an appeal may be filed without a motion for reconsideration.
The motion for reconsideration is only available to petitioners who do not have new evidence to supply but do have a legal argument regarding their case and why it should be reopened. This includes any “pertinent precedent decisions to establish that the decision was based on an incorrect application of the law or policy” within the USCIS.
It is important to understand that new evidence will not be accepted in the motion for reconsideration, only legal arguments. Immigrant investors are encouraged to seek legal consultation and help in preparing their motion for reconsideration, preferably from an immigration attorney who is familiar with the case.
How to Appeal USCIS Denial of Your Petition or Application
There are several steps to learning how to appeal USCIS denial. First, the individual must have legal standing to appeal; for example, the petitioner may file an appeal but their beneficiary or another third party may not.
Applicants must fill out Form I-290B, Notice of Appeal or Motion, to file an appeal. This paperwork must be sent into the AAO within 30 calendar days of receiving the denial notice – 33 days if received via mail – and appeals to revocations must be made within 15 calendar days – 18 if the notice was received via mail.
Applications, along with new evidence, supplemental briefs, and any filing fees must not be mailed directly to the AAO as it will be rejected and returned as not properly filed. The USCIS website provides the correct address, and the denial letter should also provide instructions on where to file the request.
How Long Do Appeals Cases Take?
All appeals made to the USCIS are handled by a separate division of the USCIS called the Administrative Appeals Office (AAO). Any decision that can be appealed will have information about what to file and where to send the appeal petition on the denial or revocation letter sent to the investor.
The AAO attempts to complete appellate reviews of appeal requests within 180 days of receiving the complete case file. This timeline begins after the first field review and may take longer due to circumstances that are outside the AAO’s control, especially if additional evidence has been provided in the appeal case that was not provided with the original application.
Cases with additional evidence or are flagged as high-risk may take longer for the AAO to review, and the backlog of appeals requests fluctuates, causing the timeline to reach a decision to fluctuate as well.
Because the AAO is processing the appeal case does not mean that the appeal will be accepted. The AAO may reject the appeal, in which case, the original decision will continue to take effect.
If the appeal is denied, consult with your immigration attorney about your options moving forward. In some cases, investors can re-file a petition. Unfortunately, the USCIS does not process refunds for any petitions, appeals, or applications submitted regardless of the decision made. These filing fees are considered processing fees and goes to funding the review of the case.
What Are the Chances of Winning Immigration Appeal?
The odds of winning an immigration appeal can be disheartening to some, but if you have evidence that proves your eligibility, your chances will increase. The USCIS will sometimes deny your petition or application out of hand before you are able to supply evidence, and this leads to many investors getting stuck in a loop of operators who cannot tell them anything more.
Very few immigration cases are appealed, whether it is for personal reasons or lack of evidence. Less than 20% of applications are appealed with the USCIS, and only a small percentage of those appeals are considered for a new decision.
Each case is unique in how long appeals will take. If the appeal is made for a petition in which the provided information was wrong, then it may be faster to simply file another petition. In cases where the USCIS would not receive the evidence or there was a clear error, an appeal is likely to solve the case within a few months.
While the experience may be frustrating, it helps to be persistent in the matter. The USCIS is juggling over 10,000 applications from foreign investors who are looking for an easy way into the United States and attempting to pick those who are most eligible and most beneficial to the country. This means that the better your application looks, the more likely you are to win the appeal.
For any questions regarding the appeal and guidance in the process, we recommend consulting your immigration attorney. Hiring an immigration attorney or working with a company that can provide an experienced immigration attorney for you, will help increase your chances of success.
