EB-5 stakeholders often have a limited understanding regarding legal options for correcting an I-526 denial. This article presents options for investors faced with an I-526 denial and strategic considerations in determining an investor’s next steps. ...
About Belma Demirovic Chinchoy
Belma Chinchoy is the founding attorney of Immigration General Counsel | Iyer Demirovic Chinchoy LLP, a boutique immigration law firm based in Beverly Hills, Calif. Attorney Chinchoy focuses on representing entrepreneurs, investors, and businesses on their immigration matters. Her extensive expertise in this field includes advising U.S. businesses on the operational benefits of immigration programs, along with helping foreign entrepreneurs to obtain EB-5, L-1, E-2, and EB-1 visas.
Throughout her career, Attorney Chinchoy has assisted with a number of successful I-526 petitions and I-829 petitions, and has advised businesses on EB-5 compliance matters, along with regional centers seeking designation. She has assisted on projects ranging from a $1 million direct investment in a vineyard-related operation, to a $180 million New York development enterprise with $140 million funded by EB-5 capital.
In addition to advising foreign investors, projects, and regional centers, Attorney Chinchoy’s immigration expertise also includes litigation. She has represented foreign nationals before the Board of Immigration Appeals, the Ninth Circuit Court of Appeals, USCIS, Immigration Court, and the Central California Federal Court. This representation involved matters related to federal mandamus petitions, asylum and withholding of removal, fiance visas, marriage-based permanent residence petitions, waiver applications, U visas, and more.
Attorney Chinchoy is particularly knowledgeable about Requests for Evidence (RFEs) and counsels her clients in the preparation of petitions which will be approvable upon filing. She previously worked as an EB-5 attorney for the Global Law Group, where she served as the lead of the firm’s post-filing team, and concentrated on responding to complex EB-5 RFEs. Attorney Chinchoy’s goal is to provide an approachable EB-5 process for individual investors and business entities that will result in successful EB-5 petitions.
Attorney Chinchoy is admitted to practice law before the California Central District Federal Court, the Supreme Court of California, and she is a member of the California’s state Bar. She graduated from the University of Minnesota, Twin Cities, summa cum laude, with her bachelor’s degree in international politics. She also attended both the William Mitchell College of Law in Minnesota and Pepperdine University Law School in California for her Juris Doctor. Attorney Chinchoy is fluent in English, Bosnian, Croatian, and Serbian.
Answers to EB-5 1028 Questions Answered
- What should I do if my I-485 is pending but my I-94 will soon expire?
- If I have to choose between an EB-5 visa and the I-130 pathway, which one is more advisable?
- How can I confirm the validity of my status and continue working without visa issues?
- What are the risks involved with the E-2 pathway compared to EB-5?
- How can I apply for Day-1 CPT school or H-1B visa while my EB-5 I-485 is pending?
- How can an EB-5 conditional green card holder sponsor their spouse after getting married?
- How can we get a refund for our EB-5 investment that got rejected due to project failure?
- What should an EB-5 investor do if their I-829 application has been delayed for almost three years?
- How can a business partnership with a US citizen help with an EB-5 visa application?
- What should an EB-5 applicant do if they cannot make it to the consular interview?
- What happens if I stay abroad as my EB-5 conditional green card expires?
- How can I get an I-551 stamp if my I-829 is pending but my EB-5 project failed?
- How can I change my status from L-1 to EB-5?
- How can the spouse of an EB-5 investor get an AP on a J-1 visa?
- How can an EB-5 conditional green card holder re-enter the U.S. with an expired extension?
- How can an EB-5 investor expedite their advance parole/travel permit after concurrent filing?
- When is it wise for an EB-5 investor to file a writ of mandamus?
- What are the options for my future spouse to benefit from my conditional EB-5 green card?
- How do business acquisitions affect the EB-5 job creation requirement?
- How can I apply for citizenship while my EB-5 I-829 is pending?
- How should I file my EB-5 application to protect my Chinese spouse from long wait times?
- How and when can I file my I-485 if I am currently in the U.S. with a pending EB-5 I-526?
- How can I apply for an EB-5 visa through my successful U.S. business?
- How can we file an EB-5 I-485 for my son inside the U.S. after receiving our NVC letters in India?
- What happened with the EB-5 Direct Investment program after the reauthorization?
- Will the old EB-5 petitions for TEA projects benefit from the EB5 set asides?
- What is the guidance for I-485 filing for existing EB-5 investors with pending i-526?
- When will consulates in India be able to issue visas for EB-5 again?
- Who is eligible to file for adjustment of status of i-485 based on a pending I-526?
- How can I add my spouse to my existing EB-5 I-526 application?
- How can I proceed if I qualify for a naturalization test while waiting for I-829 approval for EB-5?
- What is the impact of our EB-5 application to my son''s F-1 visa?
- How do I file a writ of mandamus for my EB-5 I-829?
- How do I proceed if the NVC makes a mistake with my EB-5 petition?
- How do I update my DS-260 application after my personal information changed?
- How can I start studying on a pending EAD and pending I-485 for EB-5?
- Can I apply for an EB-5 visa while having a pending asylum to the United States?
- How long will an I-526 approval take after RFE for my EB-5 petition?
- What is the direct EB-5 processing time for Indian nationals?
- What are the best practices if I want to leave the US before my EB-5 master hearing?
- What are the requirements for my EB-5 I-797 receipt and international travel?
- What are the current I-829 processing times and can I apply for N-400 without a decision on my I-829?
- How should EB-5 applicants answer questions about immigration petition filing on the DS-160 form for B-1/B-2 visa?
- What will happen with my I-829 approval if the jobs created in my EB-5 project are not enough for all investors?
- How should I file my I-765, through STEM OPT extension or through AOS that is pending?
- How long does the EB-5 capital need to be at risk and when can I withdraw funds without jeopardizing the immigration process??
- With an EB-5 I-526 pending, is it possible to apply for an E-2 visa?
- How can my direct EB-5 visa investment amount be paid at the time of filing my petition?
- What is the I-526 processing time for direct EB-5 pooled investments during the regional center lapse?
- Since the EB-5 regional center program has lapsed, is it reasonable for us to redeploy to keep the money as "at-risk" investment?
- How will my medical condition impact by EB-5 green card application?
- How can I file an EB-2 I-485 while I have a pending EB-5 I-485?
- When can I expect a response to my RFE for my EB-5 I-526 petition?
- Is it possible for an EB-5 dependent to be removed from a petition after the I-829 is filed?
- How can I as an EB-5 investor withdraw an I-765 expedite request since I got an RFE?
- How can I get a refund of my EB-5 investment since my child is going to age out because of the reauthorization lapse?
- How can my investment of capital into a company in the US be used for a direct EB-5 application?
- What should I do if only some of my family members in my EB-5 application received the 24 month I-829 receipt?
- How can my child get an F1 visa while our EB-5 visa is pending?
- How should I proceed if my I-526 petition was approved for EB-5 after I failed to file my I-829?
- As an EB-5 direct investor, how should I deal with my expiring E-2 visa while my I-485 is pending?
- If I delay the EB-5 interview and reschedule it, will this impact the child’s locked in age?
- What will happen to EB-5 investors already in the U.S. if USCIS denies pending I-485 petitions (AOS) during the lapse?
- How can I apply for a new EB-5 after I failed to file my I-829?
- How can we fix a mistake on our I-829, 24 month receipts for EB-5?
- What is the process with an approved direct EB-5 I-526 but with an expiring non immigrant E2 visa?
- What is the process if our EB-5 I-829 is denied?
- What if I let my Eb-5 conditional permanent residency expire and apply for a green card though marriage in the U.S.?
- What are the litigation options for an EB-5 investor in the US with a denied I-485?
- What are the rules for direct EB-5 investment in existing companies?
- How can a pending EB-5 investor apply for B1/B2 visas for the holidays?
- What happens if the government does not reauthorize the EB-5 reginal center program?
- How can I still work and travel abroad despite the EB-5 program being in limbo if I have an approved EAD /AP combo card?
- What are my visa options for United States while waiting for EB-5 to be reauthorized?
- How can I use EB-5 in connection with an MBE Certification?
- How can I as an Indian national solve this issue that I can only transfer $250,000 a year from India for my EB-5 application?
- What will happen to my EB-5 I-829 acceptance if the EB-5 regional center program dies?
- What is the I-526 RFE response time for EB-5?
- What happens with the job creation criteria for a direct EB-5 project if the company has locations both in a TEA and outside?
- Can I move the headquarter of my business to the US and make it count as my direct EB-5 investment?
- How do I get started with direct EB-5 investing?
- How can I as an EB-5 investor get my F-1 status extended while my I-485 is pending?
- What are my EB-5 options after my I-829 was denied after pending for years?
- Will my I-485 approval for EB-5 be impacted if my spouse leaves the US without a visa?
- How can I stay in the US and continue to receive I-551 stamps when my I-829 was denied because of fraud?
- What happens if the direct EB-5 program changes the minimum investment amount after I file a petition?
- How can I make my EB-5 investment in an existing company?
- When should I apply for EB-5 if I am currently in the US on an E-2?
- Is there any way to expedite I-829 petitions for EB-5?
- Can I borrow funds from my dad for my direct EB-5 investment?
- How can I expedite my consular processing for my EB-5 petition?
- How many EB-5 direct cases are you seeing and is that a viable option right now?
- How can we seek to acquire for EB-5 without any invoice or case number generated by NVC?
- How can I travel outside the country on advance parole with an expired passport?
- Will the age of our dependent child be protected due to delays from USCIS and NVC?
- With an approved I-526 in January 2021, what can I do to get my EB-5 approved when the program is not reauthorized?
- How can we make our business an EB-5 investment?
- How do I as a hospitality company find EB-5 direct investors?
- What is the timeframe for a UK retiree to get the EB-5 visa these days?
- What is the direct EB-5 job creation timeline?
Verified EB-5 Investors
As of November 21, 2014
- EB5Investors.com found no public criminal record on BeenVerified.com
- Active BAR member in good standing
EB5 Investors Magazine and EB5investors.com Articles
-
-
The big picture for EB-5 practitioners to look at when advocating for changes in the immigration system....
Belma Demirovic Chinchoy