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How private are EB-5 application documents?

I am concerned about the level of privacy on the EB-5 application, and specifically the I-526 income documentation. Are the details of the income of a petitioner maintained by USCIS as a private record? Or, is this information subject to release under FOIA? How private are EB-5 application documents?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The I-526 petition is comprised of the source of fund documentation of the investor. The EB-5 immigration attorney for the investor will treat the source of fund documentation as confidential and not to be disclosed to any third party unless agreed to by the investor client.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The information is private, but subject to FOIA rules, which means DHS will redact any personal data.

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    John J Downey

    Immigration Attorney
    Answered on

    In today's world of hackers I am not sure of anything, but USCIS can release info under a FOIA request. I have been the subject of FOIA requests concerning two regional center that I co-founded. USCIS will prepare the documents and delete certain info. They will then send you a copy and ask you to allow or refuse certain info.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    They are totally private. No one outside USCIS can see them (unless a court order has been issued).

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    While many of the government documents and processes are discoverable through the Freedom of Information Act (FOIA), the individual person's name, address, and particularly the financial information are redacted from those releases pursuant to the Privacy Act if they are released at all. Put in another way, the individual person's information is protected twice under the Privacy Act first and then again under the FOIA as one of the exceptions to disclosure. Thus, your private information is well-protected and is not open for public viewing.

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