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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 » |
October 16th, 2009 |
There is a lot of incorrect information circulating on the Internet about how the EB-5 program works and the current legal status of the EB-5 Immigrant Investor Pilot Program. Some sources that should know better have published articles that are blatantly false and potentially misleading.
One example is an online article, which states the following: “Since you now have an EB-5 visa, your immigration attorney can file to remove the conditions on your temporary visa, and you can become a citizen about two months after you enter the country.” The investor cannot apply to remove the conditions from the conditional permanent residence until 21 months have passed since entering the U.S. with the immigrant visa, or since having his application for adjustment of status approved. The petition to remove the conditions (I-829) typically takes approximately 6 months to be approved. The EB-5 investor, spouse, and any sons or daughters 18 or above must have permanent residence for 5 years before being eligible to apply for naturalization, i.e., citizenship. The two-year period of conditional permanent residence counts toward the above-mentioned five-year period of permanent residence needed in order to qualify for citizenship.
In another article from the same author, there was an incorrect statement that in July 2009, the EB-5 Immigrant Investor Pilot Program was made permanent by a vote in Congress. The article stated the following: “Fortunately, in July of 2009, the program was voted to be made permanent. This effectively ended many immigrant’s worries that it would end on September 30. Now immigrants are free to use the program, whether now or in a few years.” The U.S. Senate approved a bill that would make the EB-5 Immigrant Investor Pilot Program permanent; however, the companion bill in the U.S. House of Representatives did not provide for permanent authorization of the program. If a bill is not approved by both houses of Congress and signed into law by the President, that bill does not become a law. [see latest news on this blog] The article’s author says that the “program was voted to be made permanent,” which leaves some room for interpretation, however, that statement is clearly wrong when read in conjunction with the sentence that follows, in which the author says that immigrants are free to use the program “now or in a few years.” At that time, the expiration of the program continued to be September 30, 2009. There was a good likelihood that Congress would eventually pass a long-term extension of the program, and would temporarily extend the program in the meantime while deliberating on a long-term extension; however, no such extension had been passed into law, and so this information is inaccurate and its tricky wording is misleading.
At this point in time, the conference committee from the Senate and the House of Representatives, which has been working to reconcile their respective versions of the FY 2010 Department of Homeland Security appropriations bill, H.R. 2892 in the House of Representatives and S. 1298 in the Senate, reached consensus on extending the EB-5 Pilot Program for 3 years. However, the two companion bills must still be approved in their respective houses of Congress and be signed into law by the president before this three-year extension becomes law. [The House have now agreed on this and we are awaiting the Senate decision]
It is important to double-check the information that you find on the Internet. Some website authors are more careful than others to check their facts before publishing information on the Internet. Whicheb5.com and its associated professionals strive to present the most accurate and current information possible. If you read anything about the EB-5 program and want us to fact-check for you please contact us at info@WhichEB5.com
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Tags: adjustment of status, congress, eb-5, H.R. 2892, House of Representatives, I-829, immigrant investor, immigration attorney, incorrect information, permanent residence, pilot program, U.S. Senate, visa, Which EB-5 Posted in Immigration | No Comments » |
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