The regulations state that if USCIS denies the Form I-829 petition, USCIS will provide written notice to the investor of the decision and the reason(s) and will issue a Notice to Appear. The investor’s lawful permanent resident status and that of their spouse and any children will be terminated as of the date of USCIS’ written decision. The investor cannot appeal this decision with USCIS; however, they may seek a review of the decision in removal proceedings.
Because an immigrant investor whose Form I-829 has been denied may seek review of the denial in removal proceedings, USCIS issues a temporary Form I-551 until an order of removal becomes administratively final. An order of removal is administratively final if the decision is not appealed or, if appealed, when the appeal is dismissed by the Board of Immigration Appeals.
(12) Would a Form I-829 case adjudication be affected by the termination of its sponsoring regional center, if all other requirements have been met, such as job creation, etc.?
It depends on the facts of the case. An immigrant investor’s conditional permanent resident status, if already obtained, is not automatically terminated if the investor has invested in a new commercial enterprise associated with a regional center that USCIS terminates. The investor will continue to have the opportunity to demonstrate compliance with EB-5 program requirements, including through reliance on indirect job creation. However, there are times when the reason a regional center has failed to promote economic growth and USCIS has terminated its designation which may have a bearing on the I-829 adjudication. For example, depending on the facts of a particular case, if a regional center was terminated and there was evidence of misappropriation, such evidence could undermine the petitioner’s ability to make the showings required under 8 CFR 216.6. In such a scenario, it is not the termination of the sponsoring
