In June this year, US Citizenship and Immigration Services (USCIS) released Policy Memorandum with the subject: Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens in responsive to a Trump EO (Enhancing Public Safety in the Interior of the United States) issued last year, which ordered USCIS to prioritize the removal of unlawfully present immigrants in the country.
The memo targets all delinquent immigrants, including holders of EB-5 visas who are overstaying in the country. At present, USCIS can at any moment file an NTA on an immigrant when they meet certain criteria, initiating removal proceedings.
A foreign investor under the EB-5 may now be issued an NTA when they are found to have made an immigration violation, abused public benefit programs, or have fallen out of legal status. They can also be removed for being arrested for a criminal offense whether or not the case has been resolved and regardless of its outcome.