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 1085 Questions Answered
- What are the residency requirements for a direct EB-5 investor?
- What happens to my EB-5 I-829 if the regional center goes bankrupt?
- What complications might an EB-5 dependent face if they have overstayed their U.S. visa?
- How can a DACA approved person residing in the U.S. be eligible for EB-5?
- How will name differences between my DS-260 form and passport affect my application?
- What is the estimated EB-5 I-526E processing timeline post-RIA?
- How can I finance my direct EB-5 investment?
- How can I have the EB-5 regional center I invested in return my money due to the DHS withdrawal of appeal that nullified the price increase?
- How long does it usually take for USCIS to send an EB-5 case to NVC after RFE approval?
- What is my best course of action while USCIS is processing other I-526s filed later than mine due to the EB-5 RIA concurrent filing regulation?
- How would my EB-5 process be affected by my frequent travels outside the U.S.?
- How can an EB-5 green card holder obtain United States citizenship with a pending I-829?
- How much return can I expect on my EB-5 investment?
- How should I start the process of filing a writ of mandamus for unreasonable EB-5 processing times?
- How can I apply for OPT while my family green card is pending?
- How can I use my existing property investment for a direct EB-5 filing?
- How can I file for my EB-5 adjustment of status by myself?
- How long does it usually take for an approved EB-5 applicant to receive their travel document and work permit?
- How will the withdrawal of my EB-5 funds from the RC affect my I-829 processing?
- What is the best option for an unmarried, adult India-born applicant to get permanent residency in the U.S. – EB-5, E-2 or family sponsorship?
- How long does it take to receive a response for an EB-5 expedite request?
- How can I transition from my E-2 visa to direct EB-5?
- How do EB-5 investors meet the at-risk and sustained investment criteria with a failing project during their conditional residency period?
- What is the risk of the necessity for reinvestment if the processing of a UAE-based EB-5 application takes too long?
- What to expect if a naturalization interview has been scheduled while the EB-5 I-829 is still pending?
- What happens to my EB-5 funds if I do not submit an RFE response for I-526?
- How can EB-5 investors file marriage-based green card application for spouses?
- When should I expect to get my EB-5 funds back?
- How has the RIA impacted I-526 processing times for rural EB-5 projects?
- How can I convert from E-2 to EB-5 using the same business?
- Which EB-5 regional center payment option is more advisable?
- How do EB-5 rules and regulations define "being in the process of investing the required amount of capital?"
- How would a political offense on my criminal record impact my EB-5 application?
- How can I use my Caribbean citizenship to apply for the EB-5 visa after renouncing my original nationality?
- How does a lawsuit against my immigration attorney affect my EB-5 I-829 process?
- Which bank account should I transfer money to while gifting EB-5 funds?
- What are the qualification requirements of the 10 full-time employees for direct EB-5?
- How does concurrent filing work for EB-5 investors?
- What are the consequences of leaving the US while my I-539 application is pending?
- How can an approved EB-5 investor schedule the filing of a re-entry permit and removal of conditions while living outside the US?
- How can I file a another I-485 as a dependent through my spouse while my I-485 application as a primary is still pending?
- How will my EB-5 dependent child get affected by the new CSPA law?
- How should an EB-5 investor file taxes after Form W8-BEN is provided?
- How would getting a health insurance benefit for my U.S. citizen child impact my EB-5 I-829 process?
- How can my spouse be added to my EB-5 case if we got married after my I-526 approval?
- How can I apply for citizenship before the removal of conditions on my EB-5 green card?
- How can I expedite the processing of my I-130 petition if a visa is not available?
- When should I file for my spouse, whom I married recently, if I have a pending EB-5 I-485?
- How will the recent policy change by USCIS related to CSPA affect Indian EB-5 investors?
- What are the risks of entering the US from another country after getting EB-5 approval through consular processing in India?
- How does concurrent filing for EB-5 impact the EAD timeframe for Indian nationals?
- How can I port the EB-5 priority date of my spouse to my EB-1?
- How can I apply for an EAD while my EB-5 I-526 is pending?
- What documents do I need in order to show the sale of my house as the main source of my EB-5 funds?
- What businesses are more likely to create 10 job opportunities for direct EB-5?
- How can I file for EB-5 adjustment of status while on an H-4 visa?
- How long after filing an EB-5 application should I expect to receive updates?
- 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?
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Belma Demirovic Chinchoy