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What are the chances of my EB-5 case being rejected?

My dad has plans to start a business in the United States. Would it be possible for him to register the business first, and then for me to come in and invest the required amount of money in it, create 10 jobs, and buy the business from him, or become a partner and obtain permanent residence for myself? I am worried about visa rejections because I am a high school dropout and the source of the funds I plan to invest is a gift from my dad. What are the chances of my EB-5 case being rejected?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A key to successful and competent preparation of your case is to work with an experienced EB-5 immigration attorney in the United States at the inception. So I recommend that you have a detailed consultation with, and then hire, an EB-5 immigration attorney to prepare and submit your case to USCIS.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Your probability of rejection depends upon the projected success of the business and effective communication of the business in your I-526 application. Being a dropout could cause rejection if you would become dependent on public welfare for lack of income or ability to earn income. If the business shows that it will support you and you have the capability of performing the jobs required of the business, being a dropout would not make you inadmissible. Apparent goal: your investment in a business will generate ten full-time positions and will be the basis for your application for U.S. conditional permanent residence (approval of I-526). More information is needed to provide a good answer to your questions. What status does your dad hold in the United States? If your father is either a U.S. citizen or a lawful permanent resident, my recommendation is different than if your father is a foreign national. If your father is a foreign national and is not interested in obtaining U.S. conditional resident status in the United States, my recommendation will again be somewhat different. There is no problem with your father registering the business first. However, there are two concerns: is your father starting a business so that the profit from that business can be loaned to you as an investment to ultimately purchase that same business? Alternatively, if the loan is not contingent upon your father starting a business, is there any difficulty in your forming the business with your dad?

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is always a chance that USCIS will not accept an investor petition upon the first submission and issue a Request for Evidence. If you work with an immigration attorney, he or she can prepare the most approvable petition possible.

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    John J Downey

    Immigration Attorney
    Answered on

    I think the partner route is the best. If you are afraid that your experience and/or educational background is lacking, then a partnership makes more sense. All will depend on your business plan. If it is a viable, realistic plan that will create 10 jobs and your sources of funds are lawful, you should succeed. I might enlist the aid of a company to prepare the business plan for you. I think it is well worth the money.

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    Ian E Scott

    Immigration Attorney
    Answered on

    USCIS will scrutinize the family relationship very carefully as you will have to overcome the idea that the transaction is really just money changing hands between family rather than a true investment. It is not possible for anyone to give you a chance of success as visas are very fact-specific.

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