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Questions and Answers > EB-5 Requirements

How can we get back our EB-5 investment?

We invested in a real estate EB-5 project eight years ago and received our green card. We were told that we could get our investment back after five years but have not received any news and cannot get in touch with the general partner of the project. In a situation like this, what type of legal actions can we take and what type of lawyers should we engage?

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Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    This would be controlled by the subscription agreement. You should consult an attorney (securities attorney) regarding the terms as detailed in the agreement and what your options are.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You perhaps can find a lawyer who deals with investments or even just contract disputes.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You will need a business litigation attorney to review the contracts/agreements you signed with the EB-5 project. Since the agreements cannot guarantee the return of your EB-5 capital (that would be a secured loan, not an investment), the EB-5 project''s actual ability to return your funds probably depends on its financial performance. A business attorney can advise you on your rights.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Have you removed the conditions on your green card? If not, you do not want your money back yet. You should seek a business litigation lawyer where the promoters of the project live.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    I would start with your EB-5 immigration attorney and go from there. An EB-5 immigration attorney will know what other professionals to engage.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    These require securities lawyers. They need to look at the subscription agreement for terms of repayment.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Prior to looking for a specific attorney, consult first your subscription agreement to look at all your available rights. Then, you should be ready to pursue and litigate your case. Advisably, consult an attorney before proceeding further.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    You will need a litigator who has experience recovering assets from investors. Whether you are litigation (i.e., suing) on the contract and/or securities laws will be discussed with you and your lawyers.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you want to be successful in removing the conditions to your green card, you need to keep it in there. Only upon filing the I-829 will your obligation to "sustain" your investment be complete. If you remove your investment before filing the I-829, you will not get those conditions removed and you lose your permanent residency. If you are having trouble contacting the project people, that is a different issue and an important one. An immigration attorney should be able to help.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should consult a litigation firm handling EB-5 cases. The SEC may also be interested in acting on your behalf.