My mum and I applied for EB-5 about ten years ago. Early this year, we got our 10-year green card. However, the project company refused to give us the investment money back after few rounds of negotiation. When my family considered this project, the company advertised and guaranteed that they would return the money to the investors after we get the green cards. But now we learned that this kind of claim is contradictory to investment immigration law. Can we get our money back and will our immigration status be affected?
You should consult a lawyer near the location where the promoters of the invest live. You may have to sue them.
You should review your contract and consult a lawyer. You might have to sue them for your right. Violation of Immigration law does not necessarily mean the contract is void. It is an executed contract, a judge may order in your favor depending on what the contract says.
You need to look at the subscription agreement and see what the provisions are for repayment and if they lied, you need to provide it in securities litigation.
You need to consult an employment law attorney in the state where the project is located. It is not illegal to get your money back and most projects do this. It depends though on the terms of the agreement you signed with the project.
Its possible but it sounds like to recover the money you may need to file a lawsuit.
The terms and conditions of your investment with the EB-5 project are contained in the written agreements signed between you and the project. It is unlikely that any advertisements, agent, or project representative statements to you before you invested regarding a "guaranteed return" will be honored, since such guarantees are not in the written agreements. You do have certain rights, however, which should be explored and protected. You should consult with an experienced EB-5 attorney who can advise you. It is unlikely any return on your investment or litigation to seek return on your investment would have any effect on your green card since you already removed your condition.
It is your money. Talk to an investment lawyer.
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