How can I get my EB-5 capital back or my visa?

According to Lightstone, the Moxy South Beach hotel was completed and opened in 2021. However, project completion does not necessarily mean that EB-5 investors are entitled to immediate repayment.
Regarding your $500,000 investment, the first step would be to review your Subscription Agreement, Private Placement Memorandum (PPM), and other relevant investment documents to understand how the EB-5 funds were structured within the project's overall financing, including repayment priority, loan maturity, and any extensions. We would also need to determine whether the EB-5 loan has been repaid to the investment fund and whether the fund has an obligation to distribute the proceeds to investors.
Based on these findings, we can assess your contractual rights and potential legal remedies for recovering your investment.
Regarding your son's immigration status, the available options depend on whether he was the principal EB-5 applicant or a dependent beneficiary. If he was a dependent and has aged out without protection under the Child Status Protection Act (CSPA), he generally cannot obtain a green card through the original EB-5 petition. He would need to explore an independent immigration pathway, such as a new EB-5 investment or another employment-based immigration category, depending on his qualifications. If he was the principal applicant, turning 21 would not itself affect his EB-5 eligibility, and the reason for the visa delay would need to be reviewed.