I am an EB-5 investor who invested in 2016 through a regional center in an EB-5 project. However, I have withdrawn my green card application and am currently seeking the return of my investment capital. To review my legal options and rights, I recently sent a formal request to the regional center’s investor relations team requesting copies of the Operating Agreement, PPM, and Loan Agreement. It has been over two weeks, and they have completely ignored my emails—no documents, no updates, and not even a basic acknowledgment.
Is it normal for a regional center to withhold these foundational partnership documents from its investing members? Has anyone else encountered this severe lack of transparency? Also, should I hire a California litigation attorney who specializes in EB-5 fund recovery and regional center lawsuits?
Answers
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysOperating Agreement, PPM, and Loan Agreement should have been included in your EB-5 petition. Your EB5 lawyer may have these documents as well.
Anthony Cummings
Litigation AttorneysYou have to follow up on your request for the documentation. You can’t make any decisions without the agreements. Have you considered other options to obtain the documents such as whether there is a website and whether you know any other investors that may have the documentation? Didn’t you receive the documents before you invested?
The Funds can be slow to respond, but two weeks is unacceptable. Can you contact them by telephone? Do you have investor relations contact information?
Lynne Feldman
EB-5 Immigration attorneysSounds like litigation may be your only option if they aren’t responding.
Robert V Cornish Jr
EB-5 Securities AttorneysYou should hire a securities litigation attorney that can review your documents and give you a fair assessment of your withdrawal rights and other rights to which you may be entitled under those documents.
*Robert V. Cornish, Jr.**Managing Shareholder, Law Offices of Robert V.
Cornish, Jr., PC*
680 South Cache Street, Suite 100, P.O Box 12200 Jackson, WY 83001
rcornish@rcornishlaw.com | Office: (307) 264-0535 | Fax: (571) 290-6052
Washington DC Office: 1701 Pennsylvania Avenue, NW, Suite 200, Washington,
DC 20006
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*
Tony W. Wong
EB-5 Immigration attorneysYou’re an investor as a member of the LLC. You have the right to get the agreements from the regional center. You should read the terms of the subscription agreement and the operating agreement to determine how and when you can receive a return of your funds. Alternatively, you can contact your filing attorney to obtain the complete I-526 package, which should include the agreements.
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