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How will a mental handicap affect EB-5 investment eligibility?

Can a potential investor for the EB-5 program with a mental handicap (Down Syndrome) qualify in the eyes of USCIS and the regional centers? The person has a legal guardian acting on their behalf.

Answers

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    Charles Foster

    Immigration Attorney
    Answered on

    Mental capacity and having Down Syndrome could negatively impact the EB-5 regional center investor. By law, the investor must participate in the business, but being a limited partner is sufficient. As a practical matter under state law, a limited partner does not participate in any form of management at all. It is possible that this issue may come up, more likely in the event the individual is abroad and is scheduled for an in-person consular interview. If in the United States and the individual is in status and applies for adjustment of status on Form I-485 once the visa numbers are available, it may well be that there is no interview at all. The guardianship may not help if this becomes an issue.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An EB-5 investor can show they are bound by the offering documents through the guarantees of their lawful guardians that all agreements signed are binding on the EB-5 investor who may personally lack the capacity to understand the agreements.

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    John J Downey

    Immigration Attorney
    Answered on

    It should not unless the adjudicator somehow determines that the handicap would somehow prevent the petitioner from "active participation" in the enterprise.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Like with the increasingly common question regarding minors as investors, this would come down to voidability of contracts, which is a matter of state law. The investor would need to have the legal capacity to enter into EB-5 contracts under the laws of the state in which the project lies.

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    Stephen Berman

    Immigration Attorney
    Answered on

    I see no reason why they would not qualify.

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