What happens if my I-526 petition is approved by the USCIS and later denied at the Consulate interview?
The US government does not allow for what are called redemption agreements. By this they prohibit any Regional Center from making a guarantee that the investor’s funds will be returned immediately upon the denial at the interview or medical screening after an I-526 approval. What they do allow for, and we include in every partnership agreement, is what is called a replacement investor. What we are allowed to do in the event of a denial is replace that person’s funds with the funds of the next person that would enter the partnership. This method is acceptable to the USCIS and we have language in our partnership agreement that addresses this very situation. The important thing to remember here is that any denial at this point would be a denial of the individual and not the investment. The investment is reviewed and approved at the I-526. Finding a replacement investor in an already approved project should prove to be very simple.
Related Questions
- Once approved, how long is the I-129F Petition valid for and what happens if it expires before the Fiancees K1 Visa interview?
- Once approved, how long is the I-129F Petition valid for and what happens if it expires before the Fiances K1 Visa interview?
- What happens if the I-526 petition is denied by USCIS?
