What are the options for EB-5 fraud victims? - EB5Investors.com

What are the options for EB-5 fraud victims?

My family came to the U.S. in 2010 through an EB-5 investment. Two years later in 2012, we filed for I-829, removal of conditions. However, fraud was found with the EB-5 project and our case has been pending for about 10 years, during which we have been receiving I-511 stamps yearly. Finally in 2020, USCIS sent an letter stating that I-829 cannot be adjudicated due to fraud in the EB-5 project and we will need to provide additional evidence. Also, the principal investor passed away. We were told that as dependents we can still proceed with the I-829 removal of conditions.

What is our option going forward? If fraud was present, how can one still prove that jobs were created when the funds of the investors were spent illegally and for nefarious reasons?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

In many cases, the SEC gets involved. You need to seek counsel to pursue your options.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You need to argue that it is not reasonable to expect an investor to obtain documents after this extensive delay and that, if true, with the passage of time, the death of the principal has now made it almost impossible to prove your case. If denied, and if put into removal, you have the right to present the same argument to the immigration judge, or if you are not placed in removal, you can reach out to the District Court for possible relief. Finally, it is possible the Biden administration would grant deferred action in such a case. The current regulations also allow you to refile and keep your place in line, but you have to meet the new investment threshold which is now $900,000 for TEAs.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

I am sorry you and your family find yourselves in this situation. The scope of your question, however, is well beyond what can be meaningfully addressed in a public forum. You have come this far and should get a qualified and trusted advisor to help you retain your residence status. Please research attorneys and retain services of someone to protect your interests.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Your situation is complicated and although you may not have been involved in any fraud, it is going to be difficult to remove the condition if the investment was not sustained, if the jobs were not created, or if there was fraud present in the EB-5 case. You still should proceed with timely filing the I-829 petition to protect your rights, but you will need an experienced EB-5 immigration attorney to help you navigate through the USCIS process and potentially, the immigration court system, to eventually find an option/solution that works for you and your family.

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