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Questions & Answers

When can I get my EB-5 money back?

I have a question about when the investor can take the investment money back for their EB-5 project. The agreement says that investment is locked for five years, and my investment money is not restricted anymore. The project has created jobs required. Currently, my I-829 is processing.

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You need to check the terms of your subscription agreement, the agreement should provide the clear terms and basis for withdrawal of your investment.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends on the agreements you signed with the regional center. Most of them seem to wait until everyone in the project has an I-829 approval.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS has said that your obligation is over when you file the I-829, but if your contract with the project says they are going to keep the money longer, then you have to deal with the project. Some I have seen wait until a certain number of I-829 petitions are filed or even approved.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Wait until the I-829 is approved before getting the money back.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    The current policy allows you to receive your investment capital back after I-829 filing. You need to check the subscription documents you signed and discuss the capital return process with the regional centers.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    After the I-829 is filed, one must still examine the documents carefully to demine when it is safe for the investment to be redeemed.

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