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Questions and Answers > EB-5 Investments

At what point in the EB-5 process can I withdraw from my investment?

Some are saying that I could only withdraw from my investment after getting my permanent green card. However, others are saying that as soon as my conditional card reaches 2 years and the jobs were created I can ask to withdraw my investment. USCIS has a text saying that too. What is you recommendation for this case?

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Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Technically, once you file the I-829 you can exit the investment, but your investment documents may have other arrangements that you agreed to when signing them.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    It will all depend on the terms of the agreement you signed for the project, but you can generally recover your investment as soon as the I-829 is filed.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You need to review the project documents you signed to get these answers.

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    Phuong Le

    Immigration Attorney
    Answered on

    Check with your project (I’m assuming you mean when you are eligible for repayment here). Each project has different repayment terms. Some allow you to be repaid once the 2-year conditional period is over. Some... not so much depending on if funds have been redeployed, if they require ALL investors to complete the CPR process first, etc. So check with them first.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is safest to withdraw after you receive your permanent green card, but the law/regulations require sustainment of your investment only for the conditional period.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It makes sense to me that you wait until you get your green card.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    You can get your investment back after your 2-year conditional residency is up without jeopardizing your green card. However, when you can get your investment back is also subject to the offering documents you sign and whether the project has enough cash to make the payment.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There are two questions here. The first is how can you legally redeem your funds, and the other is what did you agree to. Legally, USCIS has clarified that upon filing the I-829, the funds can be redeemed. However, the subscription and other agreements regulate the terms of repayment.