Can you recoup your EB-5 investment if your green card is denied? - EB5Investors.com

Can you recoup your EB-5 investment if your green card is denied?

Can you recoup your EB-5 investment if your green card is denied?

Answers

Lei Jiang

Lei Jiang

Immigration Attorneys
Answered on

If your I-526 is denied, normally you can. But if it is I-829, then it is difficult. Best.

Mahsa Aliaskari

Mahsa Aliaskari

Immigration Attorneys
Answered on

Most projects place an investor''s funds in escrow pending approval of the I-526. If the I-526 is denied the funds may be returned. However, there cannot be any sort of redemption agreement where you would be guaranteed a return of the investment if for some reason you are not able to obtain your final legal permanent residence.

Marisa Casablanca

Marisa Casablanca

Immigration Attorneys
Answered on

Before you invest in an EB5 program, you should investigate the terms if there is a denial. Most of these projects have a provision for the return of money under certain circumstances, such as denial of the residency. We are available if you need further assistance.

Ying Lu

Ying Lu

Immigration Attorneys
Answered on

If you invest into a regional center project, whether your investment will be returned in the event that your conditional green card is denied depends on the agreement between you and the regional center. For example, some regional centers will fully refund the full investment amount plus the administration fee when the I-526 application is denied and some agree to give your investment back if your I-485/DS-230 application is denied. It really depends. You can also get an EB-5 green card by investing into your own EB-5 project. You can open a restaurant in the U.S. and hire 10 full time U.S. workers to work for this restaurant. When your green card application fails, you are your own boss and can decide to liquate the business.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

It generally depends on the terms of your EB-5 investment. If you have invested in a Regional Center project, the terms of the Regional Center project''s offering documents must be reviewed to determine how and when the investment capital is returned to an EB-5 investor in the event of a denial.

Mona Shah

Mona Shah

Immigration Attorneys
Answered on

Thanks for your email. Generally speaking, it is possible to recoup EB-5 investment funds if an I-526 petition is denied. This arrangement is usually included in the contractual agreements signed with a given Project. The contractual agreement, however, cannot guarantee the return on investment funds if the I-829 application to remove conditional lawful permanent resident status is denied. Such a redemption agreement would not satisfy the "at risk" requirement for investment capital.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

On the assumption that your investment is in an EB-5 Regional Center project and in a loan model, the offering documents such as the PPM may state you will receive the investment funds back if the Conditional Permanent Residency is denied.

James Stuber

James Stuber

Immigration Attorneys
Answered on

Yes, but only in the same manner as if the green card is granted.

Boyd Campbell

Boyd Campbell

Immigration Attorneys
Answered on

Depends upon what the securities offering says, but generally, yes, provided the money is there.

Jeffrey E Campion

Jeffrey E Campion

Immigration Attorneys
Answered on

It depends. Some allow for a return of the money if the I-526 is denied. You''ll need to look at the agreements with the Eb 5 company.

Reza Rahbaran

Reza Rahbaran

Immigration Attorneys
Answered on

Yes. If an escrow account has been utilized by the investor, then none of the investment funds are at risk until the petition is approved.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

An EB-5 investment must be at risk in order to qualify. There is no guarantee that you can recoup your investment at any stage. Some regional centers, however, use an escrow account, which means that if the I-526 petition is denied, the funds will be returned to you by escrow. Other regional centers simply ''promise'' to return the funds to the investor if the I-526 petition is denied by USCIS. In either case, once the I-526 is approved the funds will be in the possession and control of the new commercial enterprise. Therefore, the investor is fully at risk and may lose all or a part of his or her investment, even in the unlikely event of the green card/immigrant visa being denied.

Shahzad Q Qadri

Shahzad Q Qadri

RC Creators
Answered on

Depends on several factors. What stage you are at. Generally, if the I-526 I denied then you will be entitled to receive your investment back. However, at the I-829 stage if the project fails then you may not be able to get your investment back.

Roberto Ortiz

Roberto Ortiz

Immigration Attorneys
Answered on

I hope all is well. Most agreements that are signed when you invest in a EB-5 project have a clause that indicates that they will reimburse your monies as long as the reason for the denial does not involve any improprieties from you. If you have any additional questions, please do not hesitate to contact me. Thank you.

Steven Anapoell

Steven Anapoell

Securities Attorneys
Answered on

Only if the company that received the investment (directly or indirectly) has the capital to return. There are no guaranties.

Jor Law

Jor Law

RC Creators
Answered on

It depends on the terms of your investment; ask the issuer and confirm by reading the documentation. It is likely in the operating agreement and/or subscription agreement, and also summarized in the PPM.

Elizabeth Krukova

Elizabeth Krukova

Immigration Attorneys
Answered on

Your investment always stays in your possession in the event of a classical EB-5, where you invest in your own business. In case of a Regional Center investment, you should look at their regulations on that; a good center would have a provision where the money would be returned in a number of days.

Taher Kameli

Taher Kameli

Immigration Attorneys
Answered on

It all depends on the contract you signed with the project.

Philip H Teplen

Philip H Teplen

Immigration Attorneys
Answered on

The investment has nothing to do with USCIS. I will be happy to look at your investment and both review denial and recapture options.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Answer: It depends on how you have structured your investment. If the EB-5 invested funds were held in escrow subject to the Immigrant Visa application being approved, then you may recoup your funds upon denial. This is common practice and is authorized as far as EB-5 regulations are concerned as long as all the other required elements are present.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

Most of the Regional Centers will refund your investment amount if the I-526 application is denied. They may not refund their administrative/syndication fee, however, but good ones will. If you have invested into a private business, then it all depends on how the business is set up. Please consult an experienced EB-5 lawyer.

Denyse Sabagh

Denyse Sabagh

Immigration Attorneys
Answered on

It depends on the circumstances and the contracts you signed.

Neville M Leslie

Neville M Leslie

Immigration Attorneys
Answered on

Yes, you can recoup your EB-5 investment if your green card is denied.

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