The EB-5 project I invested in failed. No jobs will be created and I lost all of the administrative fees. My child is turning 21 soon, will my I-526 petition under the failed project be denied by USCIS? Is it possible that USCIS allows me to maintain my priority date while I transfer my case to another viable EB-5 project without resubmitting the I-526 again? Are there precedent cases governing transferring a case from a failed project to the viable one without re-filing? I do not want to pay another filing fee and legal fee when my source of funds petition is essentially the same. Do I have to withdraw my petition from the failed project and resubmit another I-526 petition under the new EB-5 project? If so, how can I still include my child as derivative under my application?
You cannot keep the original priority date of a FAILED project which will result in the denial of the visa petition. Stop wasting you time grasping at straws. Hurry up and re-file before your kid ages out.