Respond Quickly to Notices of Intent to Deny

Why Did I Receive A Notice?

Notice of Intent to Deny is very straightforward. This notice is sent by USCIS when they feel that there is a critical defect in the EB-5 application. In the past, Intents to Deny were only sent by USCIS as a last communication before denial. However, in recent months, we have seen the Notice used in lieu of an RFE.

Course of Action

If your application has received a Notice of Intend to Deny (NOID), USCIS’s questions will generally pertain to the investor’s source of funds documents. A comprehensive and well documented response by your investment immigration attorney to USCIS’s concerns is the appropriate action to take in response to a NOID. Work closely with your attorney to provide the required documents and any needed explanation.  

Be Mindful of Time Constraints

The applicant is given a very limited amount of time to respond to the reason for the intent to deny expressed by USCIS, so it is critical you work quickly and decisively. Work closely with your investment immigration attorney to comprehensively respond to the questions expressed by USCIS. If the response is adequate, there is no reason to see a denial.

For more information about how to compile a successful application, contact the Law Offices of Vaughan de Kirby at 415-221-2345. Experienced EB-5 lawyers want to help you succeed with EB-5.  

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney

EB-5 Regional Center Program Ends 9/30/19

Congress has extended the current Regional Center program to September 30th, 2019, at which time it will sunset unless extended. We anticipate future legislation that will call for an increased investment amount and more stringent requirements. For this reason, we recommend to our clients that they take action under the current law if at all possible.

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