EB-5 stakeholders often have a limited understanding regarding legal options for correcting an I-526 denial. This article presents options for investors faced with an I-526 denial and strategic considerations in determining an investor’s next steps. ...
About Belma Chinchoy
Belma Chinchoy is the founding attorney of EB5 Plus Immigration Law, P.C., a boutique immigration law firm based in Beverly Hills, Calif. Attorney Chinchoy focuses on representing entrepreneurs, investors, and businesses on their immigration matters. Her extensive expertise in this field includes advising U.S. businesses on the operational benefits of immigration programs, along with helping foreign entrepreneurs to obtain EB-5, L-1, E-2, and EB-1 visas.
Throughout her career, Attorney Chinchoy has assisted with a number of successful I-526 petitions and I-829 petitions, and has advised businesses on EB-5 compliance matters, along with regional centers seeking designation. She has assisted on projects ranging from a $1 million direct investment in a vineyard-related operation, to a $180 million New York development enterprise with $140 million funded by EB-5 capital.
In addition to advising foreign investors, projects, and regional centers, Attorney Chinchoy’s immigration expertise also includes litigation. She has represented foreign nationals before the Board of Immigration Appeals, the Ninth Circuit Court of Appeals, USCIS, Immigration Court, and the Central California Federal Court. This representation involved matters related to federal mandamus petitions, asylum and withholding of removal, fiance visas, marriage-based permanent residence petitions, waiver applications, U visas, and more.
Attorney Chinchoy is particularly knowledgeable about Requests for Evidence (RFEs) and counsels her clients in the preparation of petitions which will be approvable upon filing. She previously worked as an EB-5 attorney for the Global Law Group, where she served as the lead of the firm’s post-filing team, and concentrated on responding to complex EB-5 RFEs. Attorney Chinchoy’s goal is to provide an approachable EB-5 process for individual investors and business entities that will result in successful EB-5 petitions.
Attorney Chinchoy is admitted to practice law before the California Central District Federal Court, the Supreme Court of California, and she is a member of the California’s state Bar. She graduated from the University of Minnesota, Twin Cities, summa cum laude, with her bachelor’s degree in international politics. She also attended both the William Mitchell College of Law in Minnesota and Pepperdine University Law School in California for her Juris Doctor. Attorney Chinchoy is fluent in English, Bosnian, Croatian, and Serbian.
Answers to EB-5 60 Questions Answered
- What are my rights as an EB-5 investor if I do not want my funds redeployed?
- How can I keep my H1 status until I get a permanent green card?
- What is the required deposit schedule of the EB-5 investment capital?
- What kind of legal credentials should an EB-5 regional center hold?
- How are jobs created in a direct EB-5 investment distributed among partners?
- How do EB-5 investors prepare for consular post interview?
- How do I use gifted money as EB-5 capital?
- What happens if my I-829 extension expires?
- What is the definition of "child" as dependent in EB-5?
- What are the legal requirements of becoming an "EB-5 agent"?
- How can I use the capital from own company for EB-5 investment?
- What is the processing timeframe for EB-5 cases in projects with expedited exemplar approvals?
- How do I structure a business to get it approved as an EB-5 project?
- What are the job retention requirement for the I-829 processing period?
- How can I apply for EB-5 if I overstayed my F-1 visa?
- How does reinvesting my EB-5 investment affect job creation numbers?
- What impact does the travel ban have on EB-5 Investors?
- How can a direct EB-5 investor partner with a regional center without working through the regional center?
- What are the chances I can return to H-1B status if my EB-5 I-829 is denied?
- What is the best next step when you find out your I-526 application was submitted with mistakes?
- How much can I travel with a pending I-485?
- How to convert a hospitality construction project to an EB-5 Project?
- How should I go about moving my EB-5 project after receiving my conditional green card?
- How can I redeploy my EB-5 funds without affecting my I-829 approval?
- What EB-5 source of funds documents should I gather to account for wealth earned from my online store?
- How soon can I file for EB-5 if I am on an H-1B?
- How can I successfully apply for EB-5 when I am currently living in the United States, but out of status?
- What does it mean when your Priority Date is current but visa numbers are unavailable?
- How would USCIS count jobs in the case of a direct EB-5 investment in a real estate and construction project?
- How can an equity investment qualify as an EB-5 investment?
- What should I do if I-829 form has not been submitted by my attorney when the conditional green card expires?
- How should an asylum applicant start the EB-5 process?
- How do I withdraw my I-526 petition and investment funds so I can pursue EB1A?
- What are the responsibilities of the entrepreneur who finances part of his business using EB-5?
- How does an F-1 student visa holder file for their EB-5 immigrant visa once the I-526 is approved?
- How does the EB-5 Program view hawala?
- When is the best time for Chinese national applicants to add their children to their EB-5 petition?
- How would I show source of EB-5 funds for lottery winnings?
- When does the “5-year path to citizenship” in the EB-5 Program start?
- How can I remove myself from the immigration “blacklist” so I can apply for an EB-5 visa?
- How can I invest in two separate urgent care centers as part of one EB-5 project?
- How can I ensure that my prepaid shipping label for the I-526 Approval Notice will remain valid throughout the 2-year processing period?
- How does retroactively adding a derivative to an EB-5 application affect the process?
- How and when do you get a physical conditional green card in the EB-5 process?
- How should a spouse derivative prepare for their partner’s EB-5 visa application?
- What happens if one of my EB-5 derivatives cannot attend the EB-5 interview?
- If I quit my H-1B job while the I-526 is pending, do I need to leave the United States?
- How would one investor dropping out of a project affect my EB-5 application?
- How can I stay in the U.S. legally while my EB-5 application is processing?
- How will having a pending I-526 application affect my daughter’s F-1 application process?
- How can an investor use E-2 funds for an EB-5 investment?
- When can a regional center facilitate contact between EB-5 investors?
- What does the EB-5 regional center application involve?
- What is a NOID and how does it differ from an RFE on an EB-5 application?
- How can I apply for EB-5 if I am out of status in another country?
- How can the purchase of an existing business qualify as an EB-5 investment?
- How will the passing of an EB-5 applicant affect his family’s conditional permanent residency?
- How will issues with an EB-5 investor''s application affect a regional center project?
- How much profit can I expect from investing in an EB-5 project?
- What should I do if my temporary conditional green card expires before I-829 approval?
Verified EB-5 Investors
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