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 1153 Questions Answered
- What are the supporting documents needed for DS-260, and are EB-5 details included?
- How can I reopen or refile an I-130 case for my parent?
- Where can I find info about waiting times for EB-5 interviews at U.S. embassies abroad?
- How will renewing my EAD affect my I-485 application?
- How can I succesfully apply for EB-5 with a misrepresentation case?
- How can an overstayed F-1 visa holder pursue an EB-5 visa option?
- How long does it usually take to prepare and file an I-526 petition for EB-5?
- How can I pursue EB-5 with a commercial real estate investment and satisfy job creation without violating H-1B status?
- How should an EB-5 investor read USCIS I-485 processing times?
- How should I withdraw my EB-5 funds?
- How does the EB-5 program provide a green card pathway for undocumented US residents?
- How do amendments to EB-5 I-924s work?
- How can I improve my chances of Cancellation of Removal for Lawful Permanent Residents after an EB-5 I-829 denial?
- How can an EB-5 investor change from I-485 adjustment of status to consular processing?
- How can I move funds from my Canadian corporation to an EB-5 regional center investment?
- What are the eligible payment and business options for an EB-5 application?
- How can I fund my EB-5 investment through lending companies?
- What is the current status of nationality restrictions/sanctions in the EB-5 visa application process?
- How can I travel during my I-131 renewal on a pending I-485?
- How can I prevent my I-485 application from getting impacted by any overdue tax issues?
- How can my brother relocate to the United States through EB-5 to run my business with me?
- What is the impact of an F-1 status in terms of switching to an EB-5 visa?
- How does investor presence work while an EB-5 visa is being processed?
- What are the business location requirements for EB-5?
- How can I reverse decisions on my EB-5 case at different stages of the process?
- How can I apply for an EB-5 visa with profits I made in the USA while on a B-2 visa?
- What is the approximate timeline for an EB-5 investor on TPS with undocumented presence in the past?
- How does the I-829 situation of my spouse affect my case as an EB-5 conditional resident who filed an F2A?
- How can I use EB-5 funds if it is not a new property?
- How can I follow-to-join the green card application of my spouse while my EB-5 I-829 is pending?
- What happens to the application of dependents if the principal EB-5 applicant leaves the US without advance parole after filing I-485 together?
- How can I apply for an OPT extension after filing my I-485?
- How can applicants differentiate between announced and actual EB-5 processing times?
- How can companies find EB-5 investors for their projects?
- How can I switch to an EB-5 visa while already in the U.S. on a tourist visa?
- How can an individual with a noncommunicable disease apply for an EB-5 visa and are there any special requirements?
- How does the EB-5 age freeze work if I already filed my I-526 and reside in the U.S. on an F-1 visa?
- How does an OPT-based EAD differ from a green card-based EAD?
- How does the mandamus action of EB-5 investors in the same project affect my case?
- How can I get my I-485 and I-130 approved now that they have been pending for more than three years?
- How can I channel EB-5 funds through a holding company?
- How would filing a mandamus affect my EB-5 case results?
- How can the primary applicant remove a dependent after their EB-5 I-829 has been adjudicated?
- How can I create the rest of the ten jobs needed for my EB-5 removal of conditions?
- How can I arrive at the U.S. on an E-3 visa then turn it into an EB-5?
- How can I bring my spouse to the USA while my EB-5 I-526 is pending?
- What are the risks associated with investing in rural EB-5 projects?
- How can I stay in the U.S. by submitting an I-485 while already in a period of stay authorized by attorney general?
- What is the approximate timeline for an EB-5 interview after submitting DS-260?
- What is the expected EB-5 I-485 processing time after I-526 approval?
- How can I travel overseas as an E-2 visa holder with a pending EB-5 application?
- How can I qualify for EB-5 if I withdraw my pending asylum application?
- How can current EB-2 visa holders fulfill EB-5 investment requirements?
- How can a TN visa holder concurrently file EB-5 applications?
- How can I change the name of my child after having submitted an EB-5 green card petition for my spouse?
- What are my legal options if my EB-5 project fails and I am not able to get my funds back?
- How is the direct EB-5 job creation and maintenance time counted towards the I-829 process?
- How can an EB-5 investor correct errors on their DS-260 form?
- How and when can a direct EB-5 project be sold?
- What will my immigrant status be for MBA applications if I have an EAD and EB-5 I-485 pending?
- How can time spent in the U.S. on an E-2 visa count toward EB-5 naturalization?
- How can an EB-5 conditional green card holder with a pending I-829 get their investment back?
- How can an Indian EB-5 investor identify their category according to the visa bulletin priority date?
- After sponsoring the F-2A visa of my future spouse through my EB-5 conditional green card holder status, what happens if the I-829 of my family gets d
- How can I attend my delayed EB-5 interview with an expired passport and in a country where I am no longer a resident?
- How can I prove my EB-5 source of funds if it involves a gift from my retired parents?
- How does the follow to join process work for the newly married spouse of an EB-5 investor?
- What is the approximate processing time for a rural direct EB-5 project?
- 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?"
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As of November 21, 2014
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EB5 Investors Magazine and EB5investors.com Articles
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The big picture for EB-5 practitioners to look at when advocating for changes in the immigration system....
Belma Demirovic Chinchoy