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How will an SEC suit impact my EB-5 condition removal process?

The SEC sued the EB-5 regional center that filed my I-829 still under processing at USCIS. How will this impact my condition removal process?

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    Answered on

    It may delay your process until the other matters are resolved.

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    Answered on

    It is hard to predict the effect. In a number of circumstances, SEC investigations may cover securities problems, matters such as fraud and solicitations, and a myriad of other issues. Unfortunately, investigations of this nature tend to cause delays in EB-5 processing.

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    Answered on

    If the I-829 requirements can be shown to have been met, then there should be less impact on your eligibility to remove conditions from the green card. However, an SEC investigation will likely temporarily freeze, or at least slow down, your I-829 process.

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    Answered on

    This would depend on the details of the SEC complaint. If the complaint is for blatant fraudulent activity on part of the regional center; particularly in the case where the money did go to where it was supposed to, then you may have an issue with meeting the job creation criteria of the I-829. On the other hand if the regional center had violated certain solicitation rules of the SEC, but the money was properly disbursed, then your I-829 might not be significantly impacted.

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    Answered on

    It depends on what numbered investor you are, as some jobs were created.

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    Answered on

    It really depends what they sued them for. If there is fraud and your money was not invested and the jobs not created, that is a problem and you may have to refile.

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    Answered on

    That would depend on the reason for the SEC suit and the likelihood of the SEC''s success in winning the case. Without more detail regarding what was the case brought by the SEC regarding the regional center, it is difficult to provide a succinct response.

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