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What type of attorneys should we look for if things go wrong with my EB-5 case?

My family''s I-829 application has been pending for years. We are planning to work with an attorney to come up with potential solutions, and ideally to get our investment funds back. We are open to all legal means, including lawsuits. The immigration attorney who filed our I-526 said this is outside the scope of his practice. What specific type of attorneys should we look for and go about this?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Start with the top 25 list published by EB5 Investors Magazine. However, taking years may not be an issue in itself since all I-829s are taking at least two to three years, so there is likely only a problem if you are at four years or more.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    At this stage, a business law attorney may be of help.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Are you sure that litigation is in order here? I just checked the estimated adjudication times for I-829 in the USCIS site. They are posting 30 months to 38.5 months and advising petitioners to contact them if they have filed for the I-829 prior to March 10, 2016. If you still believe that your case has merit to potentially litigate, you should first discuss your case with an immigration attorney experienced in EB-5 conflicts. If that attorney agrees that you should litigate then you should hire a securities litigation lawyer with EB-5 expertise.

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    Charles Foster

    Immigration Attorney
    Answered on

    Given the fact that your I-829 petition has been pending for years in order to remove conditional status along with your family's, you should first determine through your immigration attorney who filed your I-526 petition the reason why your I-829 petition has not yet been adjudicated, and such attorney should take all reasonable steps to obtain a favorable adjudication. Depending upon the nature of the problem, you may or may not be able to re-coup your investment funds back from the entity in which you invested. That would depend upon the conditions of the investment as set forth in the private placement memorandum and would depend upon the reason why the I-829 petition has yet to be adjudicated. Finally, it would depend upon the economic solvency of the investment entity. The type of attorney would be ideally an immigration attorney who does represent EB-5 investors, and who would have the capacity to file, if appropriate, a lawsuit against the appropriate entities.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    It sounds like you need to resolve your EB-5 petition (immigration attorney) as well as look into recovering funds (litigator or a contracts attorney).

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    Mitch Wexler

    Immigration Attorney
    Answered on

    If you are looking to litigate, you should source a litigator with EB-5 expertise.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Consult a securities law or corporate law counsel who also litigates stuff and has knowledge in EB-5 matters.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Looks to be like more business litigation, because that would be a matter of the contract between you and the project. If they committed fraud or breached the contract in some way, there may be an action available, unless those agreements you signed required arbitration or something.

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    Sally Amirghahari

    Immigration Attorney
    Answered on

    Business litigation attorneys should be able to assist you with your case. It would be better if the attorney is familiar with the EB-5 investment visa cases.

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    Howard Gould

    Securities Attorney
    Answered on

    I would handle that matter in conjunction with securities counsel who knows EB-5 well.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    An EB5 immigration attorney will have to be involved. I would start with an EB-5 attorney who is comfortable with dealing with failed projects. Then get civil litigators and potentially security litigators involved.

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    Russell C Weigel, III

    Securities Attorney
    Answered on

    You should seek a knowledgeable securities litigation attorney.

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    Barbara Suri

    Immigration Attorney
    Answered on

    You need an attorney who understands contracts.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You should consult with an attorney who has experience in dealing with clients in failed EB-5 cases. This could be an immigration attorney or a business attorney. For some situations, it might be beneficial to have an immigration attorney and a business/litigation attorney work together on such a case. Perhaps you should consider that option as well.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You need an attorney who is both a litigator and well-versed in EB-5 practice.

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