If USCIS, during the 2-year period, determines that it was not a qualifying investment because:
Enterprise established solely to evade immigration laws. No commercial enterprise was established. Moreover, the investor did not invest or was not in the process of actively investing in the EB-5 Visa program. The funds for investment were obtained other than through legal means. The investor was not sustaining investment as a commercial enterprise. Or, the investor was not otherwise conforming to investor status under the EB-5 Visa program.
If the petition is not filed within the 90-day period,
Unless good cause and extenuating circumstances are shown.
If the alien does not appear for the interview, unless there is good cause shown.
If USCIS, after the interview, determines that the facts in the petition are untrue related to the EB-5 Visa criteria.
The District Director is empowered to hold I-829 denial. This gives CR the opportunity to file a new I-526.
Children/Spouse—If the principal investor is terminated, the spouse and children are terminated if they obtained an EB-5 Visa on a conditional basis.
