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What information do attorneys require from EB-5 applicants?

Before I reach out to an attorney and decide if I want to start the EB-5 application process, I want a better sense of what to expect when working with the attorney. Specifically, what information do immigration attorneys generally require from EB-5 applicants? Will I be required to provide all information the attorney requests?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Most immigration attorneys will have some sort of prospective client questionnaire or EB-5 investor screening checklist in order to gather your biographic information, your immigration history, and to get an idea about possible sources of the capital you will invest in the EB-5 project. While you must decide whether or where to invest your EB-5 funds, your immigration attorney should be evaluating all of your immigration options and screening you and your dependents for any potential ineligibilities. Since this process is for your own benefit, it makes sense to try to provide the attorney with all of the requested information. If you cannot provide all of the information, or you are not comfortable providing all of it, simply tell the attorney.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Personal and biological information; source of funds information. You will need to provide the information to the attorney for preparation and submission of applications to the government.

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    John J Downey

    Immigration Attorney
    Answered on

    Most attorneys will require you to fill out a questionnaire providing them with your financial background and present financial position. They may require some personal background to make sure you will be allowed to immigrate should your petition be granted.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    I am assuming that you will be applying as an investor. Generally speaking your attorney will be in the best position to assess what documents and information you will need - it is advised that you provide them with the information they have requested to ensure the success of your application.

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    Robert Lee

    Immigration Attorney
    Answered on

    This depends on what type of petition you are going to do. Regardless, you will have to provide a full audit of your source of funds. If you apply for a regional center, that is about it. If you apply for a direct project, you will also have to provide all the business documentation.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The immigration attorney will be responsible for preparing and filing the I-526 petition, which requires certain information on the EB-5 project (usually provided by the project itself) and information to authenticate the lawful source and transfer of funds, including bank statements, tax returns, and other financial documents. Again, these are requirements (the actual documents we will use depends on the investor, of course). We will also need copies of passports, birth certificates, and other identification documents. Generally, if we are asking you for a certain document, it is because we know USCIS needs it.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Please note that there is an attorney-client privilege applicable to the communications between you and an attorney, so everything you tell him/her is held privately by the attorney so as not to be disclosed to anyone else without your prior consent. When a potential investor comes for a consultation, we, the attorneys, have to ask questions on the following as part of our due diligence before taking a case: 1. Determine investor eligibility - source of funds 2. Spouse and children - legally qualified as dependent 3. 21 year old child - age out issues 4. Criminal record, health issues, immigration issues. Excludability or inadmissibility. These questions would have to include some document review to make sure that our advice is accurate and on point.

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    Robert Cornish

    Securities Attorney
    Answered on

    As a general rule, clients have a duty of cooperation with counsel. There are times when an attorney will require information from you in connection with the process, including proof of funds, citizenship verification, etc. It is often in your best interest to have a good working dialogue with counsel.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    I would recommend you consult with an investment immigration attorney - generally there will be no fee for this meeting and it will give you many answers you may need.

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