+1-800-997-1228
Questions & Answers

What options do EB-5 fraud victims have?

I am a victim of a fraudulent EB-5 project. I got my conditional green card in 2010. In 2012, I found out the condition was not removed and instead a removal proceeding was initiated. This EB-5 project was published in many media outlets as a fraudulent project. The FBI has assisted my family to terminate the proceedings and obtain parole until 2016. Now, my wife and I have no status in the U.S. I lost $500,000. However, no matter what it takes, I need someone who can find a way for my family to stay here. My son is a U.S. citizen and my wife is currently pregnant. What can we do to stay here?

Answers

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    First, I want to start with your statement that your son is a U.S. citizen. I am assuming your son is under the age of 21. When he turns 21, he can petition for you and you would have an alternative basis to acquire your Lawful Permanent Residency (or so-called green card) status. I am sorry you were a victim of fraud, your conditions were not removed and removal proceedings were initiated. This is a terrible and unjust outcome. In the future, there may be EB-5 reform legislation enacted that would help protect investors in your situation. In the interim, you should work with any class action representing investors to help preserve your options. You might still qualify and have your I-829 petition approved.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    I would suggest seeking experienced counsel to review possible options. Potentially, you could file for a U visa as a victim.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The law presently does not provide protection to fraud victims, although you may be eligible for a U visa. If you got your green card in 2010, you would only have been eligible to file for removal of conditions in 2012. The regulations do have a procedure to file a new I-526 based on a new investment, but that is only where the person file for removal of conditions. In your case, you need to meet with an immigration specialist who can review all your options.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    I am sorry to hear about your troubles. Unfortunately, this is not a simple issue that can be explained online alone. I am not sure if there is a receiver appointed in the project or if the FBI could recover some of the funds, but you should consider filing another I-526 case while they could administratively close or proceeding on hold pending the I-526 adjudication. Please consult an experienced EB-5 attorney who also handles deportation/removal proceedings to guide you.

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    The remedies available to you depend on the circumstances. If you invested in good faith, you may be able to argue that you fulfilled the requirements of the EB-5 program in that you sustained the investment at-risk and had read to believe jobs would be created. If you can recover the invested funds, it may be possible to redeploy your investment and be approved. As this is a complex issue, you should consult with an experienced immigration attorney to advise you.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.