What should I do if my EB-5 project gets investigated by the SEC?

Unless the entire project is negatively affected and could not proceed further, your investment should be considered safe.

If your EB-5 project is investigated by the SEC, there is very little you can do other than to keep abreast through your current attorney or, if in doubt, hire independent counsel to determine the impact of the investigation on your EB-5 investor petition.

Just proceed normally until the SEC contacts you. Then cooperate with them fully in their investigations.

SEC investigation is becoming more common, but it could indicate a serious concern. While it is unlikely that the SEC itself will provide you with any information since the investigation is ongoing, you should take some action to protect yourself or at least be advised of the possible financial and immigration consequences should there be a problem with the project. It would make sense for you to retain someone who is not related to the project so you can get an impartial and independent assessment of your situation, your rights, and your obligations.

Check with the SEC investigator on any impact on you.

Much depends on the specific facts of this matter. For example, were you aware that the attorney had ownership interest in the project and did you sign a waiver acknowledging that? Regarding your attorney taking a commission: This presents not only an ethical dilemma on the part of your lawyer, but also a potential claim, as he/she is not likely a registered broker-dealer. You need to speak with another attorney in the form of a consultation to go over the facts more in depth and obtain the appropriate advice for moving forward.

For an investor, the main concern should be getting the green card approved and getting their money back. I would start by reaching out directly to your attorney and ask him or her directly. If the answers are not satisfactory, then you may need to seek alternate experienced counsel for a second opinion.

It is too bad that the attorney did not take care to avoid the conflict of interest. However, it seems from what you are saying, it is that your attorney was taking finders fees and caused the SEC investigation, not because the project is fraudulent. If that is not the case, since your I-526 was approved, I would advise you to hold until your priority date becomes current and file with another lawyer. If there is any allegation of fraud with the project, you may want to get your money back and refile. However, refiling will lose your position in the visa PD line, which may be important if you are already suffering through the retrogression with your country.

Speak with an investment advisor about this.

You are in a difficult position if your attorney is accepting commissions illegally and you were not properly advised of the conflict created by your attorney&#39s role. I would recommend you immediately speak with a qualified investment immigration attorney, as there is more than just your money at stake. It is the future of your family. Do not wait to look into this matter, as you need answers.