I made a direct investment in an EB-5 project and became a partner in a Limited Liability Partnership (LLP), rather than investing through a regional center. The business is operational and performing well, and I have received my conditional green card. I am now preparing to file Form I-829. But the majority partner is withholding the necessary documents to remove conditions on my green card. He is demanding that I enter into a new agreement stipulating that I will voluntarily relinquish my partnership and forfeit my share, including the return of my principal, once the conditions are removed. Is it my legal right to receive the required documents in a timely manner from the majority partner? Can an EB-5 investor pursue legal action against a partner in such circumstances? I did not anticipate this scenario. Do I have to go to court to get these documents?
Answers
Lynne Feldman
EB-5 Immigration attorneysYou need someone to evaluate the partnership documents you signed at the time of investment, and advise if litigation is advisable.
Bernard P Wolfsdorf
EB-5 Immigration attorneysYour rights are governed by state law and the wording of the partnership agreement. It does appear, without examining the documents or knowing all facts that he is not acting in good faith and there may be a viable cause of action.
Michael A Harris, Esq
EB-5 Immigration attorneysSadly, it sounds like you will need a corporate litigator licensed in the venue or state where a complaint may need to be filed.
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