What is the first step to successfully getting EB-5 money back? - EB5Investors.com

What is the first step to successfully getting EB-5 money back?

I have completed my EB-5 journey but having a hard time getting my money back. In general, I have noticed that there is not a lot of information on the web about the outcomes of cases and lawsuits. Why is this? Should I seek a securities attorney or explore litigation? What should be my first step?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Examine the subscription agreement for the terms and conditions and write to the regional center via certified mail.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

First step should be to review the contract documents you signed with the EB-5 entity to see what your rights are and then consult an attorney if necessary.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Your EB-5 project documents such as subscription agreement, PPM or LLC/partnership agreement govern the exit strategy and how EB-5 capital is to be returned to EB-5 investors. Consult a business or securities attorney to review your project documents and advise you.

Dennis Tristani

Dennis Tristani

Immigration Attorneys
Answered on

I would recommend contacting the regional center you invested with first. The terms/timing of repayment should have been outlined in the investment contracts you signed when you subscribed to your EB-5 project and invested capital. These terms will control the repayment of your investment principal - if there is a significant change in circumstances or a breach of fiduciary duty, you may have other options to explore, however, I would first speak to the company you invested with and/or other investors in your project.

Robert V Cornish Jr

Robert V Cornish Jr

Securities Attorneys
Answered on

Any securities attorney who is asked to review an EB-5 investment for recovery should be doing so at no charge to the prospective client. That being said, there are a variety of factors involved in seeking recovery aside from the obvious issue of solvency. Your offering documents often govern when and how claims are brought, as well as the state law that applies. You will not see many cases out there because most are arbitrated, as many fund documents include an arbitration clause. In addition, while people sometimes do bring lawsuits, those cases more often than not are resolved before any dispositive decision by a US court. Over 85% of the cases that people bring in the US do not go to trial. The best thing to understand is that every case is different, and in fact you may not even have one if the facts bear that out. Consulting with an attorney is a wise decision.

Benjamin Hu

Benjamin Hu

Immigration Attorneys
Answered on

Once you have an approved I-829 and your conditional lawful permanent residence is made unconditional, the EB-5 investor immigrant rules are no longer pertinent to your case. Standard corporate contract laws would then apply. Many Regional Center and projects are business organizations that are formed under the business associations laws of their relevant state or legal jurisdiction - a corporate attorney with experience in that state or jurisdiction may be able to help you further.

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