Will my I-526 be approved?
As I travel through India regularly and meet with prospective EB-5 investors one common concern I hear regarding EB-5 is the risk that USCIS will deny the I-526 for any reason. We are often asked what guaranty we can offer for an approval. Listening to people express their concerns on this topic I have gained a genuine appreciation for the predicament of filing the I-526 and committing $500,000 without knowing if you will be accepted into the program by our US government.
The unvarnished truth is that there is no guaranty of approval. As much as we would like to offer assurance or even a guaranty, we simply cannot, no one can. The approval decision is made solely by USCIS, an agency of the US government that acts independently without influence from Regional Centers, applicants or attorneys.
There is a bright side to this question, however, and you are in control. You as an investor get to choose the immigration attorney who will represent your family. Your attorney is paid directly by you and works directly for you. From my experience, fees charged by immigration attorneys for EB-5 cases are consistent and competitive so selecting an attorney based on price is not recommended. I strongly suggest every EB-5 applicant choose an experienced immigration attorney with extensive experience preparing, filing and supporting EB-5 petitions. There are hundreds, perhaps thousands, of immigration attorneys who do not work on EB-5 petitions. They prepare visa applications for students, work, travel and more. You don’t want one of these. You want an attorney who has filed dozens or hundreds of EB-5 cases. The EB-5 investor visa is a unique proposition, considerably more complex than most other visa types. Plus, the future of your family is on the line and you can’t afford to take any chances with this petition. Hire the best.
So, to the question of assurance of I-526 approval your best move is to hire an immigration attorney with deep EB-5 experience and an unblemished track record of I-526 approvals. Such an experienced attorney will be more demanding on proper documentation and will not file your case until they are certain in their own mind that your case is solid and approvable. That is exactly what you want. It is much better to be tough in preparing the petition than to find yourself defending or appealing on an inadequate submiss
Will my I-526 be approved? Yes, if you hire the right immigration attorney.
Stan Bradshaw, CEO
US Freedom Capital LLC