If an EB-5 investor submits information that is not consistent with his/her current situation or submits false application information, what are the consequences? Will those consequences be different for the eligible family members of the main investor?
If the submission of the false information was done knowingly/willfully and the misrepresentation was material, and for the purpose of obtaining a U.S. immigration benefit, then the applicant would be inadmissible to the United States. If the principal applicant is inadmissible, then the dependents could not be admitted because their eligibility was dependent upon the principal applicant.
The consequences of submitting false information to the government are denial of your application and the possibility that you will never, ever be granted a visa to the United States in any category in the future; unless you qualified for and were granted a waiver. Derivative family members would not qualify for visas if the principal was denied.
Fraud results in denial for the main investor or derivative beneficiaries. Tell the truth all the time, and things will go smoothly.
Whoever submits material false information on any immigration benefit or form, creates for themselves a permanent bar to immigrate to the United States. Such misrepresentations are generally personal to the individual making them.
If the primary investor fails then the derivative visas will fail also. What was the information that was false? Is it major or minor? If minor perhaps an amended application could be submitted.
Anyone who has made fraudulent or willful misrepresentation made in connection with obtaining an immigration benefit is inadmissible under INA 212(a)(6)(C)(i). If the main investor/petitioner knowingly provided the false information to get the immigration benefits, then the family members who are derivative beneficiaries will also be inadmissible as their applications turn on the main/principal petitioner's case.
Intentionally submitting false information to USCIS would constitute immigration fraud and act as a bar for any immigration benefits.
