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Questions and Answers > EB-5 Investments

At what point in the EB-5 process can we get our investment back?

I did an EB-5 investment for my brother around 3 years ago. He got his green card and is on his conditional green card right now and will apply for the permanent green card in few months. Our question is when am I allowed to ask to start getting my investment back?

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Answers

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    The investment return depends on the terms of the project financing. Please review the offering memorandums.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Per immigration rules, anytime after BP has been implemented, jobs created and I-829 filed. Your brother signed a contract with the regional center; he should check what it says regarding timing of capital return.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Typically, the projects begin repayment, if any, after I-829 approval.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    After the conditions are removed. Then it depends on the documents you signed with the developer.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The factors affecting the return of EB-5 investment funds are determined by the required sustainment period, which is the two years of conditional residence for the EB-5 investor; the signed agreements between the EB-5 investor and regional center project; and the performance/progress/success of the project and its financial ability to return the funds.

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    Phuong Le

    Immigration Attorney
    Answered on

    Wait for your 2 year conditional permanent residency to be complete and file your I-829. Then start bugging them.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The investment can be returned when the application to remove conditions is filed provided the jobs have been created.

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    Linda Liang

    Immigration Attorney
    Answered on

    Firstly, you should not be the investor in the first place. Secondly, this is the matter of the investment agreement with the project.