How should I withdraw my EB-5 funds? - EB5Investors.com

How should I withdraw my EB-5 funds?

I recently received a marriage visa and no longer need an investment. Do I need to withdraw my EB-5 I-526 first? Does the location of the withdrawal filing matter, as in China or U.S.?

Answers

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You need to review your project documents to see if this is an option and then reach out to the Regional Center. They should not have granted the conditional residence through marriage without you withdrawing the I-526. It is moot now anyway if you have the green card.

Robert V Cornish Jr

Robert V Cornish Jr

Securities Attorneys
Answered on

You will need to consult with a securities attorney to review the withdrawal terms of your investment vehicle. Depending on the language in your documents, your rights to withdraw may contain restrictions or certain procedures. Also, speak with your immigration counsel on withdrawing your I-526 properly.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The contract you signed as part of your I-526 describes the process you need to follow in order to withdraw from the NCE.

Benjamin Hu

Benjamin Hu

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

An EB-5 petitioner may terminate their EB-5 petition largely at will - a formal communication to the USCIS (either directly from the EB-5 petitioner, or via their attorney of record) is generally enough to notify the USCIS of their decision to withdraw the petition. Getting the money back, however, is a separate issue. It is generally covered by the contracts signed between the investor and the Regional Center and/or its affiliated business entities. The USCIS generally does not supervise this process, since the EB-5 petitioner has already decided to give up their EB-5 petition. The documents will also very likely specify which jurisdiction''s laws should apply to the contract, which may be the U.S. state of incorporation or business activity of the project-side business entities.

Dennis Tristani

Dennis Tristani

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You should speak to the Regional Center you invested with alongside your immigration attorney to confirm the procedures for withdrawal and repayment, if available to you.

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