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January 26th, 2012 |
 The simple answer to this question is that if you fail to get an I-829 approval on your EB5 visa you face possible DEPORTATION from the USA; there are no guarantees that you will get an I-829!
Unfortunately, this is a point that is too often ignored or missed by people looking at the EB5 visa as their best option for obtaining permanent residence in the USA.
Some families assume, or are led to believe by regional centers or their agents, that once they have applied for the EB5 visa and been approved by the United States Citizenship and Immigration Service (USCIS) through an I-526 petition, all the hard work is over and they are permanent residents of the USA.
However, the important point to keep in mind is that entry into the USA on the EB5 visa is initially through a conditional green card issued for a two-year period.
In a specific time frame, towards the end of this two-year period, it is necessary to file an I-829 (removal of conditions) petition. Success at this stage sees the removal of these conditions and a permanent green card; failure at I-829 could result in deportation.
Although the conditions for removal seem straightforward there is no guarantee that they will be met.
These conditions relate to:-
• Sufficient evidence that each investment of $500,000 has been invested in line with the original I-526 application. This should not be taken for granted; there have been examples of a regional center moving funds to an alternate program which led to refusals at the I-829 stage.
• Sufficient evidence on the creation of ten jobs per investor in the approved targeted employment area.
There are a number of issues that can occur during the two-year period of the conditional green card that could compromise the likelihood of obtaining the I-829 petition and having the conditions removed.
To name a few:-
• Downturn in the industry in which the project operates
• Problems in the development or construction of a real estate project
• Problems in the viability of a project leading to the creation of insufficient jobs to satisfy the ten jobs per investor criteria.
The importance of seeing the entire picture prior to selecting the most appropriate regional center for your EB5 visa application is critical. Which EB5 have a 100% track record for several hundred EB5 visa clients across a number of regional centers. For independent EB5 visa information contact Which EB5.
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Tags: conditions removed, deportation, eb5, EB5 visa, green card, I-526, I-829, Immigration, permanent residence, permanent resident, regional center, Which EB5
Posted in Immigration | No Comments » |
October 24th, 2011 |
 At any one time it is likely that a number of those involved in the EB-5 regional center visa business are on a selling trip to China, they are selling their programs to third-party Chinese agents or directly to Chinese consumers. This focus on China is due to the fact that such a high percentage of EB-5 applicants are from China.
Unfortunately, not all the people advising on the EB-5 will have got in their cars or taken plane journeys and actually travelled to the various regional center programs, spent several days looking around areas and carried out detailed due diligence on the area surrounding a regional center project.
The importance of independent advice and detailed due diligence cannot be understated. The United States Citizenship and Immigration Service (USCIS) have already closed two regional centers. Both these centers had already attracted investors from China. If those clients had sought the right independent expert advice before choosing those centers, they could have been warned about potential inadequacies with these centers.
A number of centers have had I-829 refusals, leaving the unlucky EB-5 visa holders facing potential deportation at some stage in the future. Again one wonders if these people received detailed due diligence information prior to their choice.
Another program failed to create the necessary ten jobs; result, the unlucky clients failed to get I-829 approval and after settling down in the USA will now face potential deportation.
It needs to be realized that the EB-5 visa program is about far more than sales. At the end of the day immigrants are putting their trust, their families trust, their future and $500,000 of assets on the basis of choosing the program that best matches their needs, the need for adequate due diligence should never be underestimated.
Many who are starting the EB-5 process have found it useful to begin researching the EB-5 by reading the only published consumer guide on the EB-5 visa pilot program: Green card via the Red Carpet.
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Tags: china, chinese, deportation, due diligence, eb-5, EB-5 Visa, Green Card via the Red Carpet, I-829, immigrants, regional center, USA, uscis, visa
Posted in Immigration | No Comments » |
June 28th, 2011 |
The EB-5 Immigrant Investor Visa provides permanent residence (Green card) status in the USA for the applicant, their spouse and their unmarried children under 21.
Green Card status provides flexibility to study, retire, work or run a business and live anywhere in the USA. There are no educational or language requirements.
The United States Citizenship and Immigration service (USCIS) has approved approximately 135 entities called Regional Centers to offer projects that qualify for this visa.
These Regional Center projects are required to create at least ten jobs per investor and to qualify for the $500,000 investment need to be in specific rural or Targeted Employment Areas (TEA).
The minimum investment is $500,000 and associated administration, legal and filing fees will amount to approximately $60,000.
Several thousand immigrants have successfully relocated to the USA through the EB-5 visa program. However, there have been a small but important minority who has experienced problems, including loss of some or all of their investment. In addition some face potential deportation from the USA.
Regional Centers generally offer three types of project:-
- Loan based investments, generally for a specific number of years.
- Equity based investments in property, generally with a less clear exit strategy (when you get your investment back) i.e. dependant on the market at the time.
- Equity based trading businesses which may be affected by trading conditions; again their exit strategy is generally dependent on market forces.
Many previous EB-5 visa immigrants have placed an importance on a centers previous record of success and a clear exit strategy.
Unfortunately exaggerated sales claims can be a potential issue with a number of the programs and whilst the majority of participants have been successful and earlier clients, in specific programs have had their $500,000 investment returned in full, a few have had real problems.
To find out the advantages and disadvantages of the EB-5 Regional Center Program it’s well worth reading Green Card via the Red Carpet.
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Tags: deportation, EB-5 Visa, facts, green card, immigrant investor, permanent residence, problems, regional center, TEA, USA, uscis, visa
Posted in Immigration | No Comments » |
June 6th, 2011 |
 Having specialized in the EB-5 field for several years, and coming across many different regional center programs over those years, it sometimes appears to us that one of the bigger problems with the program is a typical sales presentation offered by some regional centers.
With over 130 regional centers authorized by The United States Citizenship and Immigration Service (USCIS) to offer projects, it is understandable that with competition between the centers for a limited number of potential clients many regional centers set out to present their respective programs in the most favorable light. However, as first generation immigrants ourselves, we worry that sometimes the most important message gets lost in the desire to make a sale. What the visa is ultimately about from the immigrant’s perspective is as safe a route as possible for their family to achieve permanent residency status in the USA and to minimize risk on their $500,000 capital all while adhering to the laws relating to the EB-5 program.
Sometimes these straightforward requirements are in potential conflict with regional center objectives of attracting the maximum number of investors required to finance a particular project. It can be particularly worrying if the program is highly speculative with risks that the necessary number of jobs to satisfy the program (10 per investor) will not be created.
In certain programs the risks sometimes appear to fall almost entirely on the immigrant, after all it’s their hard earned money which may be lost and it’s their family who faces deportation if the jobs are not created or the program fails.
There are a few programs currently available where important qualities such as previous successful performance and genuine integrity concerning the welfare of the immigrants are given the highest priority – from the immigrants perspective such requirements are, of course, very important.
For an informal discussion on the EB-5 visa contact Which EB5
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Tags: deportation, eb-5, EB5 visa, immigrants, permanent residency, regional center, sales, speculative, USA, uscis
Posted in Immigration | No Comments » |
June 1st, 2011 |
Over the past few years we have worked with people from all over the world who have used the EB-5 visa to gain permanent residency in the USA.
Every now and then we come across a person who is determined to find out by themselves as much information as possible which, although perfectly understandable, can pose many hidden risks.
When reviewing the EB-5 visa the first area many prospective applicants seek to find out about is which regional center program they should invest in, and this is often where problems can start to occur.
Many start by looking on the internet but may not realize that some of the claims made by regional centers just cannot be taken at face value due to the sales promotion angle.
It seems ironic that many of these potential EB-5 applicants would never consider diagnosing themselves from the web if they were sick but would seek professional advice through a Doctor or if seeking tax advice would use a qualified Accountant rather than the pages of the internet.
It is strange therefore that something as important as immigration is an issue some people seek to do themselves, particularly given what can go wrong with deportation a possible end result.
With the EB-5 it is important to have all the answers. For example some potential applicants are led to believe that all will be well if a regional center has been operating long enough to have I-829 approvals, however what if the center also had I-829 refusals?
Some potential applicants believe big projects may provide all the answers however certain big programs have been heavily criticized locally and others have had press reports of the developer having previous problems– how will you find out which these are?
Another popular regional program has questions relating to its location which are not readily apparent unless visited, however few potential applicants realize the importance of this.
For independent information on the actual statistics behind the EB-5 program contact Which EB5
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Tags: deportation, eb-5, EB-5 Visa, I-829, Immigration, independent, regional center, USA, visa, Which EB-5
Posted in Immigration | No Comments » |
February 24th, 2011 |
The EB-5 visa is and should be primarily a visa that grants a family permanent residence in the USA. The visa requires an investment of $500,000 in one of a number of regional center programs that have been approved by The United States Citizenship and Immigration Service (USCIS).
Thousands of immigrants throughout the world have used this visa and now live happily in the United States. This visa has now been operating long enough for the early investors, on certain specific programs, to have had their investment returned in full.
However, despite the excellent record of the best proven centers some other programs continue to cause concern. It is important to remember when looking for a regional center program that you are trusting your family’s immigration safety as well as your investment of $500,000. Please remember that facts are much more important than glossy brochures and sales promises.
If certain programs have higher risks, are poorly thought through with poor exit strategies and are unlikely to create the required ten jobs, you may be vulnerable to both losing some or all of your money as well as deportation from the USA .
What can happen when you don’t ask the right questions – DEPORTATION?
For impartial information on the status and record of the various regional center programs contact Which EB5
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Tags: deportation, eb-5, Immigration, impartial information, investment, permanent residence, regional center, USA, uscis, visa
Posted in Immigration | No Comments » |
February 22nd, 2011 |
For those of you planning to immigrate to America on the EB-5 visa there are many issues to consider. Among the issues that we come across when we advise parents as to how immigration will affect their children in the years ahead is: – How will their lifestyle work out in the USA against their lifestyle in your current country of residence?
The areas that we have covered based on our experiences in advising thousands of families on the move include: Why do you wish to move? Critical schooling and lifestyle benefits from the children’s perspective.
The practical aspects of the move include timing for each step in the process, the implications of areas to live and importantly schooling and the differences likely to be encountered by your children with the US education system.
An important aspect is the choice of a visa which may have a critical impact on child welfare. In worst cases scenarios there are the implications of children facing deportation due to issues with specific visas which were not taken into account at the outset.
You really do need to consider the whole picture before such a major lifestyle move –If you wish to get input from first generation immigrants to the USA please contact us here.
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Tags: children, deportation, eb-5, education, immigrants, Immigration, USA, visa
Posted in Immigration | No Comments » |
May 11th, 2010 |
We have, for several months, been concerned about a number of developments regarding some of the regional centers offering EB-5 programs. We therefore decided, after finishing our book Green Card via the Red Carpet, to spend a number of weeks conducting further in-depth research into the various regional center immigrant investor programs.
As immigration advocates who have successfully worked with over 150 EB-5 applicants from many countries, our view is very clear. Would-be EB-5 investors generally wish to focus on successfully obtaining green cards, maintaining their green cards visa status, and finally obtaining the return of their $500.000 investment. Additionally some seek a sizable return on their $500,000 investment, but generally not at the risk of jeopardizing their original capital or risking the failure of removal of conditions and potential deportation.
Our weeks of follow-up research however have highlighted many important issues which we intend to cover in short blog style articles over the next month including –
- The need to be given the facts rather than a sales presentation.
- Why you need to be taking advice from EB5 consultants who work only with potential immigrants, rather than consultants who also offer services to the regional centers themselves; providing a potential conflict of interest.
- How to be aware of the limitations of certain information – for example: What, realistically, are you likely to learn from a video interview with the head of a regional center? – it’s unlikely to focus on any bad press!
- The need to be aware of the background of the people you are dealing with. We have identified some issues which should be of real concern if you are investing $500,000 of your hard earned money, particularly if those giving you advice have had previous problems with the authorities – our research has indicated some who have!
- The need to be aware that you, like others before you, can fall victim to tactics more in keeping with a car salesman that someone really interested in your families’ welfare. We are sadly aware of immigrants investing in certain programs where the sales talk sounded great but previous investors have not received their $500,000 back and others who did not have their conditions removed after twenty one months and now face deportation.
There can be enormous questions posed when many of the investors in a program do not speak English and are totally reliant on commission earning intermediaries who may be focusing on the center paying them the highest fee.
Another potential disaster is incorrect information – we have been appalled by some of the inaccuracies we have come across, including disturbingly, some from Attorneys.
Just as bad are the cases of Attorneys and Consultants who have led potential clients to believe that they are experts on the EB-5 visa and then approach us (often anonymously or using an alias) for the information to give the clients. We have been clamping down on this practice as having worked with immigrants for many years, and being immigrants ourselves to the USA; we understand all too well the reliance placed upon accurate and independent advice. You just have to make sure the information you are getting is just that, accurate and independent.
Does this mean everything you are likely to be told is flawed, or that the risks may be too great? Well, on the positive side, we have examples of a few regional centers that do not need to actively market and do not need the sales talk. They have not only successfully worked with EB-5 immigrant investors all over the world, they can also point to the fact that unlike many who rely on sales talk, they have actually returned investors $500,000 and the families are now happily established in the USA living their American dream.
We intend to cover all these issues in our forthcoming series of blogs and can talk this through with you over the phone or at our office. For more details please use the form on this blog or contact us via email from our website www.WhichEB5.com
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Tags: accurate, advice, American dream, attorney, bad press, commission, consultants, deportation, eb-5, eb5, Green Card via the Red Carpet, highest fee, immigrant investor, immigrants, incorrect information, independent, investors, regional center, removal of conditions, USA, video interview, visa, Which EB-5
Posted in Immigration | No Comments » |
March 20th, 2009 |
Among the issues that we come across when we are troubleshooting are advising parents how immigration will impact their children in terms of the initial move and then looking at the years ahead – how will their lifestyle work out in the USA when compared to their lifestyle in their current country of residence?
We have also advised parents who have remarried and wish to emigrate with children from their first marriage and need to make a court deposition concerning the welfare of the child, allowing the child to emigrate with them.
The areas that we have covered based on our experiences in advising thousands of families on the move include;
- Why do you wish to move and critically, schooling and lifestyle benefits from the children’s perspective.
- The practicalities of the move include timing for each step in the process.
- The implications of areas to live and importantly schooling and the differences likely to be encountered with the US education system.
A key aspect is your choice of a visa which can have a critical impact on child welfare.
In worst cases scenarios there are the implications of children facing deportation due to issues with specific visas, which had not been taken into account at the application stage.
Do you need to consider the whole picture before such a major lifestyle move? – If you do, contact us at Which EB5
This blog entry posted by Andrew Bartlett
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Tags: deportation, emigrate, Immigration, USA, visa, Which EB-5
Posted in Immigration | No Comments » |
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